P. v. Obera
On April 4, 2009, defendant and appellant Eric Eugene Obera was charged by information with one count of possession of a firearm by a felon under Penal Code[1]section 12021, subdivision (a)(1). The information also alleged that the offense was committed for the benefit of a criminal street gang with the specific intent to promote, further, or assist in criminal conduct by gang members under section 186.22, subdivision (b)(1)(A). The information further alleged that defendant had suffered two prison priors within the meaning of section 667.5, subdivision (b).
On October 22, 2009, defendant pled guilty to count 1 and admitted the gang allegation in exchange for a sentence of three years four months in state prison. Defendant requested immediate sentencing. The trial court sentenced defendant pursuant to the terms of the plea agreement: The court imposed the lower term of one year four months as to count 1, plus a consecutive term of two years for the gang allegation. Defendant waived his right to an appeal, and the remaining allegations were dismissed pursuant to the terms of the plea agreement. On November 2, 2009, defendant filed a notice of appeal from the guilty plea based on the sentence or other matters occurring after the plea. Defendant did not request a certificate of probable cause.
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