People v. Pierce CA2/7

Filed 12/11/13 P. v. Pierce CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B249359

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA378574) v.

WILLIAM FRANK PIERCE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, James R. Brandlin and Charlaine F. Olmedo, Judges. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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FACTUAL AND PROCEDURAL BACKGROUND

After the police arrested defendant William Frank Pierce for firing three shots at a car in which Geneva Mason and her infant son were sitting, the District Attorney charged Pierce in a third amended information with two counts of attempted willful, deliberate, and premeditated murder (Pen. Code, §§ 187, subd. (a), 664; counts 1 and 3),1 two counts of assault with a firearm (§ 245, subd. (a)(2); counts 4 and 5), and one count of possession of a firearm by a felon (§ 12021, subd (a)(1); count 2). The amended information specially alleged as to counts 1 and 3 that Pierce had personally used and discharged a firearm (§§ 12022.53, subds. (b) and (c)), and as to counts 1 and 5 that Pierce personally used a firearm (§ 12022.5, subd. (a)). The information alleged as to counts 1 and 3 that Pierce had suffered a prior serious felony conviction (§ 667, subd. (a)(1)), and as to counts 1, 2, and 3 that Pierce had suffered a prior conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12), for which he served one separate prison term (§ 667.5, subd. (b)). Represented by counsel, Pierce pleaded not guilty to the charges and denied the special allegations. On the morning jury trial was scheduled to commence, Pierce, in exchange for a sentence of 26 years, 4 months, agreed to enter into a negotiated plea of guilty to two counts of assault with a firearm, as charged in counts 4 and 5, with admission of the special allegations that he had personally used a firearm to commit the offenses and had previously suffered a conviction for robbery as a prior strike and a prior serious felony conviction. The prosecutor advised Pierce of his constitutional rights and the consequences of his plea. Pierce waived his constitutional rights and acknowledged that he understood the consequences of his plea. Counsel for Pierce stipulated to a factual basis for the plea. The trial court found that Pierce had knowingly, voluntarily, and intelligently waived his constitutional rights, and entered his guilty plea.