P. v. Roach
John J. Roach entered a negotiated guilty plea to assault by means likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1)); and admitted that he personally used a deadly weapon, a tree branch, in committing the offense (id., 1192.7, subd. (c)(23)). Under the plea agreement, the prosecution agreed to dismiss a second charge of assault by means likely to produce great bodily injury and various enhancement allegations. The plea bargain called for a stipulated sentence of three years, to run concurrently with Roach's sentence in San Diego Superior Court case No. SDC207625. All parties agreed that, with application of credits, time would be served at 50 percent, and were there an error in calculation of credits, Roach would have the opportunity to withdraw his plea, unopposed by the People.
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