People v. Wooten CA2/7

Filed 8/29/16 P. v. Wooten CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B266670

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA136317) v.

REGINALD JOHN WOOTEN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John Joseph Cheroske, Judge. Affirmed. Laini Millar Melnick, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Reginald John Wooten was charged in an information with one count each of assault with a deadly weapon (Pen. Code,1 § 245, subd. (a)(1); count 1), assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4); count 2) and to benefit a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(A), and assault with a firearm (§ 245, subd. (a)(2); count 3). The information further charged four counts of making a criminal threat (§ 422, subd. (a); counts 4 through 7). It was specially alleged that, with the exception of count 2, the offenses were committed to benefit a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(B), and that, with the exception of counts 1 and 2, a principal in the commission of the offenses was armed with a firearm (a handgun) pursuant to section 12022, subdivision (a)(1). As to all counts it was specially alleged that Wooten had suffered one prior serious or violent felony conviction under the Three Strikes law (§§ 667, subds. (b)- (j), 1170.12). Wooten pleaded not guilty to the charges and denied the special allegations. On July 9, 2015, Wooten agreed to plead no contest to assault with a deadly weapon (count 1), assault with a firearm (count 3) and to two counts of making a criminal threat (counts 4 and 5) and to admit the attendant gang (§ 186.22, subd. (b)(1)(B)) and prior strike enhancement allegations. At the time he entered his plea, Wooten was advised of his constitutional rights and the nature and consequences of the plea, which he stated he understood. Wooten’s counsel joined in the waivers of his constitutional rights. The trial court expressly found Wooten’s waivers, plea and admissions were voluntary, knowing and intelligent. The trial court sentenced Wooten in accordance with the negotiated plea agreement to an aggregate state prison term of 16 years, four months consisting of eight years for assault with a deadly weapon (the four-year upper term doubled under the Three Strikes law), plus five years for the gang enhancement, plus two consecutive terms of