People v. Nixon CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Pursuant to a plea agreement, defendant in 2018 pleaded no contest to carrying a concealed weapon, carrying a loaded firearm, perjury, and two misdemeanor counts of

1 unlawfully possessing ammunition. (Pen. Code, §§ 25400, subd. (a)(1); 25850, subd. (a); 118, subd. (a); 30305, subd. (a)(1); statutory section citations that follow are found in the Penal Code unless otherwise stated.) The trial court sentenced defendant consistent with the stipulated terms of the plea agreement: a five-year, four-month split sentence with the first four months to be served in custody and the remaining five years on mandatory supervision. The sentence was based on the upper term of four years for the perjury count and eight months (one-third the middle term) for each of the weapon counts, to be served consecutively. For the misdemeanor counts, the court sentenced defendant to concurrent terms of four months each with both terms to be served in custody. In 2021, defendant was convicted in Sacramento Superior Court case No. 19FE014370 of making criminal threats. (§ 422.) (An appeal from the new judgment is currently pending. (People v. Nixon,…