P. v. Magana
On October 25, 2007, the District Attorney of Riverside County filed a felony complaint charging defendant with one count of assault with a deadly weapon other than a firearm (Pen. Code, 245, subd. (a)(1)).[1] The felony complaint further charged the special allegation that defendant personally used a deadly and dangerous weapon, to wit: a knife, within the meaning of sections 12022, subdivision (b)(1) and 1192.7, subdivision (c)(23), and that defendant personally inflicted great bodily injury upon the person of another within the meaning of sections 12022.7, subdivision (a) and 1192.7, subdivision (c). On May 27, 2008, pursuant to section 859a, defendant, respresented by counsel, pled guilty to assault with a deadly weapon. In accordance with the negotiated disposition, defendant was committed to state prison for two (2) years less custody credits and the special allegations were stricken on motion of the district attorney and in the interests of justice pursuant to section 1385. The judgment is affirmed.
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