Bozeman

Steve A. Bozeman appeals the judgment entered on his guilty plea in case CRN 7972 (case 2). Bozeman also challenges, both in his appeal and by a petition for writ of habeas corpus, the combined sentence imposed in case 2 for his convictions in that case and in case CRN 7629 (case 1). We affirm the judgment in case 2 and deny the petition.

A jury in case 1 found Bozeman guilty of second degree burglary. (Pen. Code, §§ 459, 460, subd. 2.) The court imposed a three-year upper term (§§ 18, 461, subd. 2) plus a one-year enhancement for a prior prison term (§ 667.5, subd. (b)), for a total sentence of four years. In case 2 Bozeman pleaded guilty to three counts of perjury (§ 118) and one count of second degree burglary.

Bozeman pleaded guilty in case 2 after his conviction in case 1 but before sentencing. The court and counsel in case 2 anticipated a four-year sentence would be imposed in case 1. With that in mind, defense counsel negotiated a six-year and eight-month cap on the combined sentence for both cases as part of Bozeman’s plea bargain in case 2.

At the sentencing hearing in case 2 the court noted that, as expected, a four-year sentence had been imposed in case 1.…