P. v. McGill
On September 13, 2006, an information charged defendant and appellant Thomas Edward McGill with possession of a firearm having been previously convicted of a felony (Pen. Code, § 12021, subd. (a)(1), count 1);[1] possession of an assault weapon (§ 12280, subd. (b), count 2); possession of ammunition (§ 12316, subd. (b)(1), count 3); and actively participating in a criminal street gang (§ 186.22, subd. (a), count 4). The information also charged that counts 1, 2, and 3 had been committed for the benefit of a street gang. (§ 186.22, subd. (b).) Moreover, the information alleged two prior offenses (§ 667.5, subd. (b)), as well as one strike prior (§§ 667, subds. (c), (e)(1), 1170.12, subd. (c)(1)).[2]
On May 7, 2009, defendant entered a guilty plea as to counts 1, 3, and 4, and admitted the gang allegations and the priors. The trial court indicated that, if defendant returned to court for sentencing, it would strike his strike prior and sentence him to a term of nine years in state prison, accruing 50 percent credits, and avoiding the maximum term of 15 years eight months in state prison, during which he would accrue credit at 85 percent.
At the sentencing hearing on February 19, 2010, the court reiterated that it had struck the strike prior and imposed a nine-year state prison sentence.
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