P. v. Higuera
Jesus Omar Higuera entered negotiated guilty pleas to assault likely to cause great bodily injury (Pen. Code, 245, subd. (a)(1))[1]and robbery ( 211) and admitted that he personally used a firearm within the meaning of section 12022.7 during the robbery. Higuera also admitted that he had a prior serious/violent felony or strike conviction ( 667, subds. (b)-(i)). Under the plea bargain, the prosecution agreed to dismiss charges of mayhem, attempted robbery and felon possession of a firearm as well as allegations that Higuera had served three prior prison terms within the meaning of section 667.5, subdivision (b). The parties agreed to a stipulated prison sentence of 11 years in the instant case, which was to be run consecutive to a term of 16 months in superior court case number SCS212664, for an aggregate sentence of 12 years, four months. The judgment is affirmed.
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