P. v. Bosquez CA6
In accord with a plea agreement, defendant Danny Rey Bosquez pleaded no contest to assault with a firearm; assault by means of force likely to produce great bodily injury; second degree robbery; carrying a loaded firearm; battery for the benefit of a street gang; and attempting to dissuade a witness. He also admitted gang and firearm enhancements, and he admitted he had been released from custody on bail at the time of the offenses. The trial court imposed a total term of 10 years eight months as contemplated by the plea agreement.
Bosquez raises two claims on appeal. First, he contends we must vacate his conviction for carrying a loaded firearm because the transcript of the plea hearing shows he never pleaded guilty or no contest to this count. We conclude this claim is without merit because, among other things, Bosquez filed a sworn declaration stating he entered a plea of no contest in open court.
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