People v. Sloan CA5

BACKGROUND

Based on acts defendant committed on May 21, 2021, the Merced County District Attorney filed an information on July 27, 2021, charging defendant with attempted second degree robbery (Pen. Code, §§ 664, 211;2 count 1), carrying a loaded and unregistered handgun (§ 25850, subd. (a); count 2), possession of a firearm by a felon (§ 29800, subd. (a)(1); count 3), possession of ammunition by a person prohibited from owning or possessing a firearm (§ 30305, subd. (a)(1)); count 4), and misdemeanor resisting a police officer (§ 148, subd. (a)(1); count 5). As to count 1, the information further alleged defendant personally used a firearm in the commission of the crime (§ 12022.53, subd. (b)). On October 26, 2021, defendant pled no contest to counts 1, 3, and 4, and he admitted an amended firearm use allegation on count 1 (§ 12022.5, subd. (a)) in exchange for a specific sentence of seven years two months (later corrected to seven years

The record does not provide for a factual summary. All statutory references are to the Penal Code.

2. four months), based on imposition of the midterm for count 1 and consecutive eight-month terms on counts 3 and 4. On November…