P. v. Partner CA2/5
Defendant and appellant Cooper Lee Partner appeals an order after judgment denying his request for resentencing under Senate Bill No. 620, which amends Penal Code section 12022.53, subdivision (h), to permit the court to strike or dismiss a firearm use enhancement required by that section in the interest of justice pursuant to section 1385.
On May 25, 2005, Partner pleaded no contest to attempted murder (§§ 187/664 [count 1]), and admitted the allegation that he personally used a firearm within the meaning of section 12022.53, subdivision (b), and personally inflicted great bodily injury on the victim within the meaning of section 12022.7, subdivision (b). Count 2, assault with a deadly weapon (§ 245, subdivision (a)(1)), was dismissed per plea negotiation.
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