The People v. Frear CA3

BACKGROUND

On August 30, 2012, defendant pleaded no contest to second degree burglary, admitted a prior strike conviction and the service of a prior prison term. In exchange for his plea and admissions, defendant was to receive a maximum sentence of four years and the dismissal of other charges.

1 On November 16, 2012, the court denied defendant’s request for the court to exercise its discretion and strike his prior strike conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. The court then imposed the middle term of two years, doubled to four years because of the strike, and stayed the sentence on the service of the prior prison term. The court awarded defendant 189 days of presentence custody credit, consisting of 95 actual days served plus 94 days for conduct. The court also imposed fines and fees as detailed in the abstract of judgment.

FACTUAL BASIS FOR THE PLEA

Deputies from the Sacramento County Sheriff’s Department set up a trailer within which was a spool of copper wire worth $2,000. The trailer was alarmed and would signal if it was broken into. Defendant broke into the trailer, the alarm activated and the deputies went to the scene. There…