People v. Gonzalez CA2/4

Filed 5/24/16 P. v. Gonzalez CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B262731

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA090504) v.

ALEJANDRO GONZALEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Alan B. Honeycutt, Judge. Affirmed. Law Offices of Pamela J. Voich and Pamela J. Voich, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler and Lance E. Winters, Assistant Attorneys General, Victoria B. Wilson and Idan Ivri, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________

Alejandro Gonzalez appeals from a judgment of conviction after he pled no contest to assault with a semiautomatic weapon. (Pen. Code, § 245, subd. (b).)1 He seeks specific enforcement of the plea agreement, on the belief that it entitled him to serve his sentence at 80 percent and to receive one-for-one conduct credits. Appellant is subject to the 15 percent limitation on credits in section 2933.1, and we cannot order the trial court to specifically enforce an illegal sentence. The judgment is affirmed.

PROCEDURAL SUMMARY In October 2014, appellant was charged with assault with a firearm (§ 245, subd.(a)(2), count 1), possession of a firearm by a felon (§ 29800, subd. (a)(1), count 2), and assault with a semiautomatic weapon (§ 245, subd. (b), count 3), for a crime allegedly committed in June 2014. 2 Personal use of a firearm allegations were attached to counts 1 and 3. (§ 12022.5, subd. (a) & (d).) Petitioner’s plea was taken at a hearing in January 2015. At the start of the hearing, the court announced: “I understand that an agreement has been reached in this case where Mr. Gonzalez will be entering a plea of guilty or no contest to the charge in count 3, 245(b), assault with a firearm, and he will be admitting the allegation under 12022.5 (a) [and] (d). And the agreed upon disposition is low term as to both. . . . [¶] Three years plus three for a total of six to be served in state prison.” Defense counsel agreed with this representation. Before the prosecutor advised appellant of his rights, she explained to him: “You’ll be pleading to count 3. In exchange for your plea, the remaining counts will be dismissed. [¶] . . . [A]s agreed, you will be sentenced to six years in state prison.” Defendant acknowledged he understood the terms of the agreement and was pleading freely and voluntarily.