What is the appropriate sentence for a defendant who has pleaded guilty to a charge of attempted murder under section 667.5 of the California Criminal Code?

attempted felony of which he or she has been convicted, be punished as follows: . . . (C) If the felony is a violent felony, as defined in subdivision (c) of Section 667.5, the person shall be punished by an additional term of 10 years." ( 186.22, subd. (b)(1)). Subdivision (b)(5), however, provides in pertinent part that a "person who violates this subdivision in the commission of a felony punishable by imprisonment in the state prison for life shall not be paroled until a minimum of 15 calendar years have been served." ( 186.22, subd. (b)(5).) The exception contained in subdivision (b)(5) precludes imposition of the 10-year enhancement in a gang related first degree murder, which is punishable by 25 years to life. (People v. Lopez (2005) 34 Cal.4th 1002, 1004.)

Here, however, Granados "received what he negotiated and agreed to under the plea agreement, and he must abide by the terms of the agreement. [Citation.]" (People v. Cuevas (2008) 44 Cal.4th 374, 384.) Where a defendant has " 'pleaded guilty in return for a specified sentence, appellate courts are not inclined to find error even though the trial court acts in excess of jurisdiction in reaching that figure, as long as the court does not lack fundamental jurisdiction. . . . The rationale behind this policy is that defendants who have received the benefit of their bargain should not be allowed to 'trifle with the courts' by attempting to better the bargain through the appellate process.' [Citation.]" (People v. Couch (1996) 48 Cal.App.4th 1053, 1056-1057.)