P. v. Wimberely
Under a plea agreement, Demetris Wimberely pled guilty to assault with a semiautomatic firearm (Pen. Code,[1] 245, subd. (b)) and admitted he personally used a firearm within the meaning of section 12022.5, subdivision (a). The trial court sentenced Wimberely to the middle term of six years on the assault offense and to the middle term of four years on the firearm allegation for a total of 10 years in prison; this was in accord with the plea bargain, which called for maximum sentence lid of 10 years. Wimberely appeals, contending the court abused its discretion by denying probation. Alternatively, Wimberely claims the court should have imposed the lower terms for the assault and firearm allegation because the factors in mitigation outweighed the factors in aggravation. The judgment is affirmed.
Comments on P. v. Wimberely