People v. Carlin CA3

BACKGROUND

As the facts of Carlin’s conviction do not bear on our decision, they are not recounted here in any detail. Suffice it to say, in 2020, Carlin entered the victim’s garage and stole fishing reels from within it. Carlin pled no contest to first degree burglary (Pen. Code, § 495)1 in exchange for the dismissal of an additional case. Carlin’s probation report recounted a lengthy criminal history dating back to 1988, which included multiple convictions for theft, forgery, fraud, and drug-related offenses. Carlin committed several of his four felonies and 11 prior misdemeanors while in custody, or while on parole, probation, or supervision. In imposing a sentence, the trial court considered the probation report. As circumstances in aggravation, the court found Carlin had four prior felony convictions and 11 prior misdemeanors, Carlin’s prior performance under supervision had been unsatisfactory, and Carlin had served a prior prison term. The trial court found no circumstances in mitigation. Carlin represented himself at sentencing and did not object to the trial court’s identification of aggravating circumstances. The trial court imposed the six-year upper term. After…