P. v. Negrete
Filed 7/28/06 P. v. Negrete CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Yolo)
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| THE PEOPLE, Plaintiff and Respondent, v. MIGUEL EDWARD NEGRETE, Defendant and Appellant. | C050183 Super. Ct. No. 052620
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During the afternoon of April 22, 2005, defendant Miguel Edward Negrete approached a push cart vendor in West Sacramento, pulled out two knives, and demanded money, ostensibly to buy diapers for his child. The vendor handed defendant several bills and some change. Dissatisfied, defendant swung the knives at the vendor, who cried out for help. Defendant fled.
Defendant was charged with robbery (§ 211 - count 1 (all section references are to the Penal Code)) and assault with a deadly weapon by means of force likely to produce great bodily injury (id., § 245, subd. (a)(1) - count 2). Each count included an enhancement for personal use of a deadly weapon. (Id., § 12022, subd. (b)(1).) Defendant pled no contest to count 2 and admitted the personal use enhancement in exchange for dismissal of count 1, a stipulated three-year midterm sentence on count 2 and section 654 stay of the sentence enhancement if the court did not make an unusual case finding and grant probation. The written change of plea form initialed and signed by defendant states in part: â€
