P. v. Fuller
Defendants Patrick Fuller (Fuller) and Christopher Session (Session) appeal following their pleas of “no contest†pursuant to a plea bargain. Fuller pleaded “no contest†to one count of attempting to dissuade a witness in violation of Penal Code section 136.1, subdivision (a)(2).[1] He admitted that the offense was committed for the benefit of, at the direction of, and in association with a criminal street gang pursuant to section 186.22, subdivision (b)(1)(B). He admitted a five-year prior conviction allegation (§ 667, subd. (a)) and a one-year prior conviction allegation (§ 667.5, subd. (b)) for a total of 15 years in state prison. Session pleaded “no contest†to the same charges and allegations and additionally to one count of exhibiting a concealable firearm in public in violation of section 417, subdivision (a)(2), a misdemeanor. He admitted the allegation that the offense occurred in a public place and the firearm was a pistol. Session’s sentence was also 15 years in state prison. The sentences consisted of four years each (the midterm of two years doubled because of the strike priors) for attempting to dissuade a witness and consecutive terms for each defendant of five years for the gang allegations, five years for one of the prior serious felony allegations, and one year for one of the prior prison term allegations. The trial court also imposed a concurrent six-month term on Session for his misdemeanor offense.
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