P. v. Grijalva CA2/7
Jesse Genaro Grijalva entered a negotiated plea of no contest on May 4, 2017 to six counts of assault on a peace officer with a semiautomatic firearm in violation of Penal Code section 245, subdivision (d)(2), and admitted as to each count he had used a firearm within the meaning of Penal Code section 12022.53, subdivision (c).
The same day, in accordance with the terms of the plea agreement, the trial court sentenced Grijalva to 25 years in state prison: the lower term of five years on count 1 plus 20 years for the firearm-use enhancement. The court imposed concurrent five year terms on each of the remaining five counts of aggravated assault on a peace officer and stayed sentencing on the firearm-use enhancements. On the People’s motion the court dismissed count 7, carrying a concealed firearm (Pen. Code, § 25400, subd. (a)(2)). Grijalva did not pursue an appeal.
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