Bernal

People v. Bernal

Caution
1994 Cal. App. LEXIS 169·22 Cal. App. 4th 1455·27 Cal. Rptr. 2d 839·94 Daily Journal DAR 2580·94 Cal. Daily Op. Serv. 1551
Court of Appeal of CaliforniaFebruary 25, 1994D018564California904 words

Opinion

Opinion

Todd, J.

dential burglary and petty theft with a prior conviction (Pen. Code, §§ 459, 666).

At approximately 11 a.m. on December 29, 1991, Bernal entered his mother’s home in Spring Valley, went into a bedroom and stole a car stereo. His sister and mother caught him committing the crime. Bernal left on a bicycle. After the jury returned guilty verdicts of burglary and petty theft, in a bifurcated hearing it found Bernal had served three prior prison terms and had been convicted of a prior serious felony. (Pen. Code, §§ 667.5, subd. (b); 667, subd. (a).) Bernal contends the prior serious felony conviction is void because he was not advised a possible consequence of his guilty plea was future use to enhance punishment and the court erred in entering judgment for both burglary and petty theft.

I

When entering a guilty plea, the defendant must be advised of the direct consequences of the conviction. (Bunnell v. Superior Court (1975) 13 Cal.3d 592, 604 [ 119 Cal.Rptr. 302 , 531 P.2d 1086 ].) However, possible future use of a current conviction is not a direct consequence of the conviction. (People v. Crosby (1992) 3 Cal.App.4th 1352, 1356 [ 5 Cal.Rptr.2d 159 ]; see also People v.…

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