P.

INTRODUCTION

On July 17, 2012, a felony complaint charged defendant and appellant Joshua

Oscar Lee Hensley with vandalism causing over $400 in damage (Pen. Code, § 594,

subd. (b)(1), counts 1, 2, 3); second degree commercial burglary (Pen. Code, § 459,

count 4); receiving stolen property with a value not exceeding $950 (Pen. Code, § 496,

subd. (a), a misdemeanor, count 5); and possession of metal knuckles (Pen. Code,

§ 21810, count 6). As to count 1, the complaint included a special allegation pursuant to

Penal Code section 422.75, subdivision (a). The complaint also charged codefendant

Craig Jacob Hager with counts 2 and 5.

On August 23, 2012, pursuant to a plea agreement, defendant pled guilty to

count 1 (vandalism) and count 4 (second degree commercial burglary). The parties

agreed to a county prison term of 16 months. The parties also agreed to “joint and

several” restitution with codefendant Hager in the amounts of $1,243.74 and $499.25,

and to a Harvey1 wavier. After defendant pled guilty, the trial court granted the

prosecutor’s motion to dismiss the remaining counts. The trial court sentenced defendant

according to the terms of the plea agreement: 16 months…