P. v. Fairman
Charged with an open count of murder, defendant Allen Deshaun Fairman entered a negotiated plea of guilty to second degree murder (Pen. Code, 187, subd. (a); undesignated section references are to this code) and admitted he personally used a firearm ( 12022.53, subd. (b)) in exchange for dismissal of the remaining allegations [ 12022.53, subd. (d) (25 to life); 12022.53, subd. (c) (20 years); 12022.5, subds. (a)-(d)] with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754. Sentenced to an indeterminate term of 15 years to life for second degree murder plus a determinate term of 10 years for the firearm use, defendant appeals contending the prosecutor violated the plea agreement and counsel rendered ineffective assistance. Defendants contentions lack merit and Court affirm the judgment.
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