P. v. Ramirez
Pursuant to a negotiated disposition, defendant Paul Ramirez pled no contest to one count of voluntary manslaughter (Pen. Code, 192, subd. (a) - further undesignated statutory references are to the Penal Code unless otherwise specified), and admitted personal firearm use ( 12022.5, subd. (a)(1)) and gang enhancements ( 186.22, subd. (b)(1)) in exchange for dismissal of two counts of attempted murder and related charges as well as a sentencing lid of 31 years in prison. The parties also agreed that the trial court would terminate defendants probation in Sacramento County Superior Court No. 02F05922 (hereafter No. 02F05922). After finding a factual basis for the plea and admissions ( 1192.5), the court imposed a 31-year prison term, including a concurrent midterm sentence of three years in No. 02F05922.
On appeal, defendant argues that he should be permitted to withdraw his plea because the court failed to secure a factual basis for the gang enhancement allegation. Defendant also asserts the courts revocation of probation and imposition of a concurrent term in No. 02F05922 violated the plea agreement because he agreed to termination (but not revocation) of probation.
Court conclude that although the court failed to adequately elicit a factual basis for defendants admission of the gang enhancement allegation at the time the court accepted the admission, the error was harmless because the probation officers report contained sufficient evidence which could have been used to establish such a factual basis. Court also conclude the agreement to terminate probation in No. 02F05922 did not preclude revocation of probation and imposition of a prison sentence. ( 1203.2, subd. (c).) Consequently, Court affirm the judgment.
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