People v. Young CA2/4

BACKGROUND

Pursuant to a negotiated agreement, on October 31, 2017, appellant pleaded no contest to residential burglary and attempted residential burglary (§§ 459, 459/664) and admitted suffering a prior serious felony conviction (§ 667, subd. (a)(1)), strike prior (§§ 667, subds. (b)–(j), 1170.12), and two prior prison terms under former section 667.5, subdivision (b) (former § 667.5(b)). The plea included a Cruz waiver permitting appellant’s release on the condition he obey all laws and appear for sentencing. (See People v. Cruz (1988) 44 Cal.3d 1247, 1254, fn. 5 (Cruz).) If he met this condition, he would receive a six-year sentence; if he did not, he faced 19 years.

Subsequent references to statutes are to the Penal Code. The six-year sentence consisted of the low term of two years for burglary, doubled for the strike prior, plus two years for serving prior prison terms. The 19-year sentence consisted of the upper term of six years, doubled for the strike prior, plus five years for suffering a prior

2 The court accepted appellant’s plea, admissions, and stipulation to a factual basis for his plea. The court informed appellant (1) if he returned on the date…