The People v. Belton CA3

BACKGROUND

In April 2012, defendant entered the victim’s unoccupied apartment with the intent to commit a theft and took property valued at approximately $1,200.

1 A felony complaint charged defendant with first degree burglary (Pen. Code, § 459)1 and receiving stolen property (§ 496, subd. (a)) in Yolo County. The complaint further alleged that defendant’s prior conviction rendered him eligible for sentencing to state prison. Defendant pleaded no contest to the first degree burglary and the remaining count was dismissed. In an unrelated incident, defendant was convicted of committing a robbery (§ 211) in May 2012 in Sacramento County. The plea agreement included the provision that the Yolo County burglary would become the principal term, for which defendant would receive a two-year term, and the court would resentence defendant on the Sacramento County robbery to one-third the midterm, or one year. The trial court sentenced defendant in accordance with the plea to an aggregate term of three years in prison. Defendant was held in Yolo County on an order to produce from the Department of Corrections and Rehabilitation in the Sacramento County case. Accordingly, he did not earn…