P. v. Garcia
Appellant Marcos Alfredo Garcia was charged with two counts of assault with a firearm (Pen. Code, 245, subd. (a)(2)) and street terrorism ( 186.22, subd. (a)). It was alleged that appellant committed both assaults with personal use of a firearm ( 12022.5, subd. (a)) for the benefit of a street gang ( 186.22, subd. (b)(1)). Pursuant to a plea bargain, defendant pleaded guilty to one count of assault with a firearm and admitted the enhancing allegations. All other charges and allegations were dismissed. The trial court struck the gang enhancement for sentencing purposes and sentenced appellant to five years in state prison, consisting of the low term of two years for the assault and three years for the personal use enhancement. Garcia appeals from the trial court's denial of his petition for writ of error coram nobis which he filed seven years after entry of judgment. Court dismiss the appeal.
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