P.

P. v. Vickers CA1/5

Good Law
Court of Appeal of CaliforniaMarch 15, 2013A135378California1,562 words

Opinion

Opinion

Bruiniers, J.

I. BACKGROUND

On October 24, 2011, San Francisco Police Sergeant Daniel Manning approached Vickers on the street near 835 Ellsworth Street, after receiving information from an informant that an individual matching Vickers‟s description was in possession of a firearm. Vickers ran, but was apprehended after a struggle. A .40 caliber semi-automatic pistol was found in a backpack Vickers was carrying. On January 10, 2012, pursuant to a negotiated disposition, Vickers entered a guilty plea to being a felon in possession of a firearm (Former § 12021, subd. (a)(1)) and

1 All further statutory references are to the Penal Code unless otherwise indicated.

1 admitted a prior felony conviction for attempted grand theft (§§ 664, 487). The minute order reflects a “PROPOSED DISPOSITION” including a two-year state prison sentence, and a “VF fine of $240.” The transcript of the plea colloquy reflects discussion only of the possible midterm prison sentence, and Vickers‟s ability to withdraw the plea if the court was unwilling to sentence in accord with that recommendation.2 On March 20, 2012, Vickers received the two-year prison sentence originally proposed. The sentence included…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.