People v. Castro CA2/1

BACKGROUND

On August 16, 2016, the People charged defendant with two counts of robbery, shooting at an occupied vehicle, carrying a concealed firearm, and two counts of burglary. With respect to both robberies, the People alleged defendant personally used a firearm within the meaning of section 12022.53, subdivisions (c) and (b). On February 21, 2017, defendant pleaded no contest to one count of robbery and to shooting at an occupied vehicle. Defendant also admitted the section 12022.53, subdivision (b) enhancement. A plea form indicates that the parties agreed to a 13-year sentence, and the trial court imposed a 13-year sentence, consisting of three years for the robbery and 10 years for the section 12022.53 enhancement. The court ordered a three-year sentence for shooting at an occupied vehicle to run concurrently. The court dismissed the remaining counts. On September 21, 2021, defendant filed a motion to recall his sentence pursuant to section 1170, subdivision (d). Defendant requested the trial court strike the section 12022.53, subdivision (b) enhancement. The trial court denied the motion concluding it had no jurisdiction over the matter. In his notice of appeal, defendant…