Guerra

Robert Guerra was charged in two criminal complaints with one count of residential burglary (Pen. Code, § 459) and one count of robbery (§ 211). Guerra was arraigned for both complaints on March 12, 1987, in the Municipal Court for the South Bay Judicial District of San Diego before the Honorable Ernest Borunda. In that court Guerra pled guilty to second degree burglary and robbery. Under the terms of his plea agreement, any sentence imposed on the burglary would run concurrent with any sentence imposed on the robbery and with any sentence imposed for a probation violation. In addition, case number SF16117 (violation of Health & Saf. Code, § 11350, subd. (a)) was to be dismissed.

On April 19, 1987, Guerra appeared before the Honorable Wayne L. Peterson, Judge of the San Diego Superior Court, for sentencing in both cases. Judge Peterson sentenced Guerra to state prison for the middle term of three years on the robbery conviction and imposed a two-year concurrent term on the burglary conviction. Guerra received 51 days of presentence credit on the robbery conviction and 64 days of presentence credit on the burglary conviction calculated under section 4019.

Guerra contends…