P. v. Tinoco
Defendant Jose Tinoco appeals a judgment entered after his guilty plea to charges of two counts of attempted carjacking of victims Juan Calleros (count 1) and Rafael Garcia (count 2) (Pen. Code, 664/215, subd. (a))[1] with a weapon use enhancement appended to both counts ( 12022, subd. (b)(1)) and a prior serious felony conviction allegation ( 667, subd. (a)(1).) The court sentenced Tinoco to the middle term of eight years six months in prison as stipulated in the plea agreement. His sentence consisted of two years six months for count 1, a one-year enhancement for weapon use on count 1, five years for a prior serious felony conviction, two years six months concurrent for count 2, and one year concurrent for the enhancement on count 2. California Rules of Court, rule 8.304(b)(4)(B) and section 1237 authorize Tinoco's appeal.
Tinoco contends the court breached the terms of his written plea agreement by sentencing him to two counts of attempted carjacking rather than to one count, and the written plea agreement controls over any contrary oral plea made at the change of plea hearing. We conclude the written plea agreement was ambiguous, but the agreement as a whole and the surrounding circumstances evidence Tinoco's intent to plead guilty to two counts of attempted carjacking. Accordingly, Court affirm the judgment.
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