People v. Trevino CA5

INTRODUCTION

On May 12, 2011, appellant, Lorenzo Gilbert Trevino, Jr. pled guilty in Fresno Superior Court case No. F10904144, to one count of second degree burglary (Pen. Code, §§ 459 & 460, subd. (b))1 and admitted a prior serious felony conviction under the three strikes law (§§ 667, subds. (b)-(i) & 1170.12). Appellant appealed this conviction and on July 31, 2013, we issued our opinion in case No. F063621, rejecting appellant’s challenge to the number of his custody credits and affirming his conviction.2 On January 26, 2012, the trial court denied appellant’s motion made pursuant to People v. Marsden (1970) 2 Cal.3d 118. On February 6, 2012, a first amended information was filed in Fresno Superior Court case No. F11903466, alleging that on June 5, 2011, appellant committed second degree robbery (§ 211, count 1) and petty theft with a qualifying prior petty theft conviction (§ 666, count 2). The information further alleged a prior serious felony conviction under the three strikes law and two prior prison term enhancements (§ 667.5, subd. (b)). On that same date, the parties entered into a plea agreement in which appellant would admit petty theft with a prior, the prior…