People v. Harris CA1/2

BACKGROUND

The San Mateo District Attorney charged Harris with attempted murder (Pen. Code,1 §§ 664, 187, subd. (a); count 1), assault with a deadly weapon (§ 245, subd. (a)(1); count 2), and assault by means likely to produce great bodily injury (§ 245, subd. (a)(4); count 3). The information alleged enhancements including personal infliction of great bodily injury (§ 12022.7, subd. (a)) as to counts 2 and 3 and that Harris had a prior felony conviction

Further undesignated statutory references are to the Penal Code.

1 that was a strike under sections 667 subdivisions (b)–(j) and 1170.12 and a serious felony conviction under section 667, subdivision (a)(1). In April 2021, the parties reached a plea agreement under which Harris pleaded no contest to count 2 and admitted the great-bodily-injury and prior strike allegations in exchange for dismissal of the remaining allegations with a Harvey waiver,2 dismissal of another case, and a maximum sentence of 11 years. At sentencing in July 2021, the trial court sentenced Harris to 11 years in prison, composed of the upper term of four years for the offense, doubled to eight years because of the prior strike, plus three years for…