Enright

People v. Enright

Good Law
132 Cal. App. 3d 631·183 Cal. Rptr. 249·1982 Cal. App. LEXIS 1648
Court of Appeal of CaliforniaMay 21, 1982Crim. 13472California1,468 words

Opinion

Opinion

Cologne, J.

Paulina B. Enright was charged with seven burglaries (Pen. Code, § 459) and one count of receiving stolen property (§ 496, subd. 1). In the municipal court, she pleaded guilty to two burglaries and the receiving stolen property charge in the felony complaint. The trial court sentenced her to prison for the upper term of three years on one burglary and to consecutive eight-month terms on the remaining two counts. She appeals.

On the receiving stolen property count, the change of plea form read: “Count 2; [defendant] received stolen property on or about 1/12/81 (victim: Anderson).” At the time the trial court accepted the guilty plea, Enright was asked what was her plea to the charge she “did unlawfully buy, receive, conceal, sell and withhold property which had been stolen knowing such property to be stolen . . . victim stipulated to be Anderson.”

Enright first contends the record fails to supply a factual basis for the acceptance of her plea of guilty to the receiving stolen property charge, since the change of plea form does not refer to the element of defendant’s knowledge the property was stolen. Assuming this issue is properly appealable as presented to us without a…

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