P. v. Valles
On April 5, 2010, defendant and appellant Rafael Ceja Valles, Jr., pleaded nolo contendere to one count of attempted murder under Penal Code[1] sections 664 and 187, subdivision (a); and one count of assault by means of force likely to cause great bodily injury under section 245, subdivision (a)(1). Defendant also admitted an allegation that he caused great bodily injury in the commission of the attempted murder under section 12022.7, subdivision (e). In exchange, the parties stipulated that defendant would receive a sentence of 11 years in state prison, consisting of seven years for the attempted murder conviction, three years for the great bodily injury enhancement, and one year for the assault conviction.
On the same day, the trial court sentenced defendant in accordance with the terms of the plea agreement.[2]
On April 30, 2013, defendant filed a motion for modification of his sentence “pursuant to Proposition 36 Reform Act of 2012, Penal Code 1170(d), 1181, 1260.†On May 13, 2013, the trial court denied defendant’s petition. The court found that defendant did not satisfy the criteria for resentencing under section 1170.126, subdivision (e), because he had been convicted of attempted murder with a great bodily injury enhancement, a violent and serious offense, and he had not been sentenced under the Three Strikes law.
On May 24, 2013, defendant filed his timely notice of appeal.
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