P. v. Becker
Defendant pleaded no contest to making a criminal threat and being a felon in possession of a firearm and admitted a prior serious felony allegation and a prior prison term allegation in exchange for a stipulated five-year state prison sentence and dismissal of the remaining counts. The trial court sentenced defendant to five years in state prison, consisting of four years for making a criminal threat, plus one year for the prison term prior. The court did not impose sentence on the felon in possession of a firearm offense.
Having obtained a certificate of probable cause, defendant appeals, contending the trial court (1) abused its discretion in accepting his no contest plea to making a criminal threat and (2) erred in failing to impose a sentence on the felon in possession of a firearm offense. Court dismissed that portion of the appeal challenging the court’s acceptance of defendant’s plea, remanded the matter for sentencing on the felon in possession of a firearm offense and otherwise affirmed the judgment.
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