People v. Armillotto CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background In April 2018, the prosecution charged Armillotto in case No. 18CR01815 with five counts: count 1—first degree burglary (Pen. Code, § 459)2; count 2—petty theft (§ 484, subd. (a)); count 3—possession of burglary tools (§ 466); count 4—possession of a controlled substance (Health & Saf. Code, § 11350); and count 5—possession of a device used for unlawfully injecting a controlled substance (Health & Saf. Code, § 11364, subd. (a).) As to count 1, the prosecution further alleged Armillotto had served two prior prison terms (§ 667.5, former subd. (b)), and that he was released from custody on bail or his own recognizance at the time he committed the offense (§ 12022.1). In May 2018, the prosecution charged Armillotto in case No. 18CR02323 with one count of first degree burglary (§ 459). The prosecution further alleged Armillotto had served two prior prison terms (§ 667.5, former subd. (b)), and that he was released from custody on bail or his own recognizance at the time he committed the offense (§ 12022.1). 1. June 2020: Entry of Pleas in Both Cases and Grant of Probation in Case No. 18CR02323 At a single hearing on June…