People v. Benites CA1/4

Filed 6/1/22 P. v. Benites CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,

Plaintiff and Respondent,

A163791

v. MARTIN CORONA BENITES, (Contra Costa County Superior Court No. 5- Defendant and 161072-4) Appellant.

Pursuant to a plea agreement, defendant Martin Corona Benites pleaded no contest to one count of attempted murder (Pen. Code, §§ 664, 187) with an enhancement for personal and intentional discharge of a firearm (Pen. Code, § 12022.53, subd. (c)).1 On October 30, 2017, the trial court sentenced defendant to a term of 29 years, consisting of the upper term of nine years for the attempted murder charge and 20 years for the enhancement. After filing motions to reconsider his sentence, a habeas petition, and a prior appeal with this…