P.

P. v. Hall CA2/2

Good Law
Court of Appeal of CaliforniaJuly 17, 2013B243839California3,522 words

Opinion

Opinion

BACKGROUND

1. Procedural history Hall, Newton, and a codefendant William Jones (Jones)1 were charged with first degree residential burglary in violation of Penal Code section 459.2 The information alleged that on June 30, 2011, defendants and Jones entered an inhabited dwelling with the intent to commit a felony. For purposes of section 667, subdivision (a)(1), and the “Three Strikes” law (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)), the information alleged that Hall had suffered a prior serious or violent felony conviction and he served a prison term within the meaning of section 667.5, subdivision (b). After the trial court heard and denied defendants’ motion to suppress evidence pursuant to section 1538.5, subdivision (a)(1)(A), both defendants entered into plea agreements. Hall pled no contest to the charge and admitted the prior conviction in exchange for an eight-year prison term, consisting of the middle term of four years, doubled as a second strike, and the dismissal of the remaining allegations. Newton pled no contest to the charge in exchange for the low term of two years in prison. On September 4, 2012, the trial court sentenced defendants according to the plea…

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