Lamb

Michael Lamb appeals from the judgment convicting him on 11 counts of first degree burglary (Pen. Code, § 459) and 1 count of stealing a firearm. Lamb claims that we must reduce his burglary convictions to second degree because the trial court failed to determine the degree of the crime before sentencing him contrary to the provisions of section 1192. We reject his argument and affirm the judgment.

Procedural Background

An amended 12 count complaint charged Lamb in count 2 with stealing a firearm (§ 487, subd. 3) and in the remaining counts with burglarizing an inhabited residence (§ 459). At a readiness conference before his municipal court arraignment Lamb signed a change of plea form stating “he desires to plead guilty to 11 Cts of 459 residential; 1 Ct of 487.3 [sic]” and acknowledged “he violated the aforementioned crimes of 459, 487.3 [sic] by entering inhabited residences with the intent to commit theft; stealing a firearm.” He understood the “maximum punishment which could be imposed as a result of a plea of Guilty [was] 16 years. ...” Lamb was willing to plead guilty because the prosecutor had promised a “8 year, 8 month lid. [Defendant] not precluded from…