P. v. Gomes CA1/3
In February 2021 , the Alameda County District Attorney filed a felony complaint, alleging defendant Joe Marcos Gomes committed second-degree robbery (Pen. Code, § 211 ), together with sentencing enhancement allegations of twelve prior felony convictions.
In April, Gomes pleaded no contest to being an accessary after the fact (§ 32) in exchange for a sentence of sixteen months. While the prosecutor initially noted the sentence would be served in “state prison,” defense counsel corrected him by explaining that Gomes would actually serve his sentence in county jail. In its later recitation of the terms of the plea agreement, the court confirmed that defendant would be serving his sentence in “the local prison at Santa Rita.” The charged count and sentence enhancement allegations were dismissed. In May, the trial court sentenced Gomes to the agreed term but stated he would serve his sentence in state prison.
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