P.

BACKGROUND

I. Procedural Background

On March 13, 2009, an information was filed charging Bilbrey with attempted murder (§§ 187, subd. (a), 664), aggravated mayhem (§ 205), assault with a deadly weapon (§ 245, subd. (a)(1)), and battery causing serious bodily injury (§ 243, subd. (d)). The information also alleged, for each of the four counts, that Bilbrey personally inflicted great bodily injury (§ 12022.7, subd. (a)) and personally used a deadly and dangerous weapon (§ 12022, subd. (b)(1)). On December 11, 2009, a jury found Bilbrey guilty on all four counts and found true the two sentencing allegations.2 On June 2, 2010, the court denied Bilbrey‟s motion for a new trial and proceeded to sentencing. At sentencing, the court dismissed the fourth count (battery causing severe bodily injury), along with its enhancements, as a lesser included offense. The court used the count of attempted murder as the principal determinate count and imposed the midterm of seven years, plus three years for the section 12022.7, subdivision (a), enhancement, plus one year for the section 12022, subdivision (b)(1), enhancement—for a total base term of 11 years. On the assault count, the court imposed…