P.

FACTS AND PROCEDURE

After being arrested for breaking into a restaurant and stealing a laptop computer,

defendant admitted to having, on January 15, 2013, broken into a nearby insurance office

by throwing a rock into a rear window and then climbing in. Defendant searched through

the drawers of all the desks and took approximately $800 in cash before leaving through

the broken rear window.

On January 18, 2013, the People filed a felony complaint charging defendant with

second degree commercial burglary and alleging that he had a prior strike conviction

(Pen. Code, §§ 1170.12, subds. (a)-(d) & 667, subds. (b)-(i).)

On January 29, 2013, defendant pled guilty to the charge and admitted the strike

prior. Defendant agreed that the police report would serve as the factual basis for the

plea and that he would be sentenced immediately. The trial court sentence defendant to

the agreed-upon low term of 16 months, doubled to two years and eight months for the

strike prior.

On February 8, 2013, defendant appeared in court, intending to move to withdraw

his plea. However, as defense counsel acknowledged and the trial court agreed, the time

for making such a motion had already…