P. v. Lopez
Andres Arthur Lopez appeals from the judgment sending him to prison for a total of 25 years following his guilty plea to one count of residential burglary, after having one prior strike conviction,[1] two prior serious felony convictions, and three prior prison terms. (See Pen. Code, 459-460, 667, subds. (a) & (d)-(e), 667.5, subd. (b).)[2] The trial court had indicated prior to Lopezs change of plea that 25 years would be the lid on his sentence.
In this appeal, Lopez contends his waiver of his appeal rights was not knowingly and intelligently made and thus was invalid. If this contention prevails, he further argues that the sentencing court failed to state reasons for selecting the aggravated term, and the judgment must be reversed and remanded for resentencing. However, if this court holds that this issue was waived due to defense counsels failure to object at the sentencing hearing, Lopez then proposes that counsel rendered ineffective assistance by failing to object, necessitating reversal of the judgment and remand for resentencing. Finally, Lopez contends the court improperly imposed three separate one-year enhancements following an inadequate admission to the three prior prison term allegations. Court disagree.
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