P. v. Learmont
On June 6, 2008, a first amended information charged defendant and appellant Justin Learmont with premeditated, attempted murder on Patrick Gardner under Penal Code[1] sections 664, and 187, subdivision (a) (count 1); assault with a firearm on Cliffton Fenoff under section 245, subdivision (a)(2) (count 2); and assault with a deadly weapon on Patrick Gardner under section 245, subdivision (a)(1) (count 3). The information also alleged that, in the commission of counts 1 and 2, defendant personally used a firearm within the meaning of sections 12022.53, subdivisions (b), (c) and (d) (count 1), and 12022.5, subdivision (a) (counts 1 & 2).
On August 22, 2008, the trial court granted defendant's motion under section 995 to dismiss count 3. On December 8, 2009, defendant pleaded guilty to attempted murder without the premeditation finding under sections 664 and 187, subdivision (a) (count 1), and assault with a firearm under section 245, subdivision (a)(2) (count 2). Defendant also admitted that he personally discharged a firearm causing great bodily injury in the commission of count 1 under section 12022.53, subdivision (d). As part of the plea agreement, defendant entered in a waiver under People v. Vargas (1990) 223 Cal.App.3d 1107 (Vargas waiver).
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