People v. Jeffery CA5

BACKGROUND

On November 11, 2017, defendant drove a van over a victim, who survived, and then defendant and his passenger left the scene. On February 26, 2018, the Kern County District Attorney filed an information charging defendant with attempted murder (Pen. Code, §§ 664, 187, subd. (a);1 count 1), assault with a deadly weapon (§ 245, subd. (a)(1); count 2), and felony hit and run (Veh. Code, § 20001, subd. (a); count 3). As to counts 2 and 3, the information alleged defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)). The information further alleged defendant had suffered two prior “strike” convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)). On May 14, 2018, the information was amended to allege a prior serious felony conviction (§ 667, subd. (a)). Defendant pled no contest to count 1 and admitted the two prior strike convictions and the prior serious felony conviction. In exchange, the trial court agreed to strike the two prior strike convictions, sentence defendant to 10 years in prison (five years on count 1, plus five years for the prior serious felony conviction enhancement), suspend execution…