P. v. Benites CA1/4
Pursuant to a plea agreement, defendant Martin Corona Benites pleaded no contest to one count of attempted murder (Pen. Code, §§ 664, 187) with an enhancement for personal and intentional discharge of a firearm (Pen. Code, § 12022.53, subd. (c)). On October 30, 2017, the trial court sentenced defendant to a term of 29 years, consisting of the upper term of nine years for the attempted murder charge and 20 years for the enhancement.
After filing motions to reconsider his sentence, a habeas petition, and a prior appeal with this court—all of which were unsuccessful—defendant on April 9, 2021, filed a document styled as a “motion to vacate conviction or sentence (Pen. Code, §§ 1016.5, 1473.7).” Defendant’s motion consisted of a Judicial Council form and numerous pages of handwritten material and exhibits. The trial court noted that defendant’s motion was “difficult to parse, listing numerous citations to statutes and case law, but containing little to no facts or analy
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