P. v. Benavides
Mitchell Benavides appeals from the judgment entered following his no contest plea to count 1, assault on a police officer with a semiautomatic firearm (Pen. Code, 245, subd. (d)(2)) and his admission that he discharged a firearm within the meaning of Penal Code section 12022.53, subdivision (c). He also admitted that he suffered a prior conviction of a serious or violent felony within the meaning of the Three Strikes law (Pen. Code, 1170.12, subds. (a)-(d) and 667, subds. (b)-(i)) and one prior serious felony conviction within the meaning of Penal Code section 667, subdivision (a)(1). He was sentenced to prison for a total of 35 years, consisting of the low term of five years for count 1, doubled to 10 years by reason of the Three Strikes law, plus 20 years for the firearm enhancement and five years for the serious felony enhancement.[1] He requested but was denied a certificate of probable cause. The judgment is affirmed.
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