P. v. Espinosa CA2/8
Under a negotiated plea agreement, appellant Jerry Ray Espinosa pled guilty to felony possession of tear gas (count 1; Pen. Code, § 22810, subd. (a)) and felony receiving stolen property with a value exceeding $950 (count 2; § 496, subd. (a)). Further, Espinosa admitted he had suffered a prior strike (§§ 667, subd (d); 1170.12, subd. (b)) and four prior felony convictions with a prison term (§ 667.5, subd. (b)). Pursuant to the plea agreement, the trial court reduced count 1 to a misdemeanor (§ 17, subd. (b)), and sentenced Espinosa to serve a total term of 32 months in state prison on count 2, comprised of the low term of 16 months, doubled for the strike. The court recommended a fire camp placement. Espinosa was sentenced to serve 30 days in county jail on the tear gas conviction, with credit for time served. The court ordered regular restitution, fines and assessments. Espinosa’s appointed counsel filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436
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