P. v. O'Bannon
On April 22, 2011, appellant, Pierre L. O'Bannon, was charged in an amended information with committing a battery on a correctional officer (Pen. Code, § 4501.5, count one),[1] assaulting a correctional officer by means likely to cause great bodily injury (§ 4501, count two), and using threats or violence to deter an executive officer (§ 69, count three). It was further alleged that in the commission of appellant's offenses, he inflicted great bodily injury on the victim, had seven prior serious felony convictions within the meaning of the three strikes law (§§ 1170.12, subds. (a)-(d) & 667, subds. (b)‑(i)), and was subject to enhancements for seven prior serious felony convictions (§ 667, subd. (a)(1)).
Prior to the beginning of his trial on April 25, 2011, appellant made a Marsden[2] motion that was denied by the trial court. Before a jury was empanelled, the parties reached a plea agreement. The prosecutor offered two alternative plea bargains. The trial court carefully explained these alternatives to appellant. The parties agreed appellant would admit count two and receive a stipulated upper term sentence of six years, doubled pursuant to the three strikes law to twelve years.
When asked if he understood the terms of the plea agreement, appellant replied, â€
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