P. v. Hoaglin
Filed 5/31/06 P. v. Hoaglin CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION ONE
| THE PEOPLE, Plaintiff and Appellant, v. RICKEY NELSON HOAGLIN, JR., Defendant and Respondent. | A110938 (Sonoma County Super. Ct. No. SCR 34112) |
As part of a negotiated disposition, defendant Rickey Nelson Hoaglin, Jr., pleaded no contest to unlawful possession of a firearm and assault with a firearm, and admitted several enhancement allegations, including six prior serious felony convictions. The trial court dismissed two other counts against defendant, struck five of the six prior felony convictions, and sentenced him to a 14-year state prison term. The People appeal, contending that the trial court: (1) engaged in improper plea bargaining with the defendant, and (2) abused its discretion in striking his prior strike convictions. We remand for the trial court to modify the minute order to reflect its stated reasons for striking the prior felony convictions, and affirm the judgment as so modified.
I. BACKGROUND
A. Charges
Defendant was charged by information with unlawful possession of a firearm by a felon (Pen. Code,[1] § 12021, subd. (a)(1); count I), willful and malicious discharge of a firearm at an occupied motor vehicle (§ 246; count II), willful discharge of a firearm in a grossly negligent manner (§ 246.3; count III), and assault with a firearm (§ 245, subd. (a)(2); count IV), with an allegation that defendant personally used a firearm during the commission of count IV (§ 12022.5, subd. (a)). The information further alleged that defendant had suffered six prior serious felony convictions within the meaning of the â€
