People v. Lant CA3

FACTS AND HISTORY OF THE PROCEEDINGS

On July 19, 2019, Judge Karen L. Dixon accepted defendant’s plea of no contest to three counts of first degree residential burglary and one count each of grand theft, failure to appear, attempted second degree commercial burglary, and misdemeanor petty theft. (Pen. Code, §§ 459; 487, subd. (a); 1320, subd. (b); 459/664; 484, subd. (a); undesignated section references will be to the Penal Code.) As part of his plea, defendant admitted a prior strike conviction, a prior serious felony conviction, and that he had committed three of the offenses while he was out of custody on bail. (§§ 667, subds. (a)(1), (b)-(i); 1170.12, subd. (a)-(d); 12022.1.) Defendant expressly did not waive his right under Arbuckle to have Judge Dixon sentence him. The plea agreement required defendant to enter and complete a 12-month residential treatment program. If he completed the program, the trial court would accept his Romero1 motion to strike his strike, making him eligible for probation.

People v. Superior Court (Romero) (1996) 13 Cal.4th 497.

2 Approximately two months after accepting defendant’s plea, the trial court learned defendant had left the…