People v. Jackson

Defendant appeals his conviction of second degree burglary (Pen. Code, § 459. All references are to the Penal Code unless otherwise cited.) He asserts there were errors in reference to the taking of his plea and with sentencing. We reject both his arguments and affirm the judgment.

Factual and Procedural Background

Defendant was charged under the name of Willie Jackson with two counts of entering a locked vehicle with intent to commit theft in violation of section 459. On December 29, 1978, he changed his plea to guilty on count one. The offense was fixed as burglary in the second degree and count two was dismissed. The “Change of Plea (Guilty)” form stated his plea bargain was: “People will move to dismiss count 2. People will not oppose reduction to a misdemeanor at time of sentencing if no prior record. Six months maximum.” When the plea was taken, the court proceeded through the required litany and with extreme care specifically explained to the defendant the proposed sentence was conditioned on his having no prior record. The defendant said he understood this. Defendant appeared for sentencing on March 9, 1979. The probation report revealed he had a prior record…