McMillion

People v. McMillion

Good Law
1992 Cal. App. LEXIS 74·2 Cal. App. 4th 1363·3 Cal. Rptr. 2d 821·92 Daily Journal DAR 1307·92 Cal. Daily Op. Serv. 766
Court of Appeal of CaliforniaJanuary 24, 1992H008272California2,451 words

Opinion

Opinion

Capaccioli, J.

In this appeal Harold McMillion challenges a sentence imposed after his guilty plea to petty theft with prior convictions. (Pen. Code, §§ 484, 666.) Appellant contends he was denied due process when the court sentenced him to 16 months in state prison “plus the applicable parole period” because the plea agreement was based on a term of only 16 months in prison. Although we find error in failing to advise appellant of the mandatory parole period, we determine the error to be nonprejudicial. Accordingly, we will affirm the judgment in its entirety.

Background

According to evidence presented at the preliminary examination, appellant and his codefendant shoplifted a pair of car stereo speakers from an auto supply store in October 1990. Appellant was charged with burglary and petty theft with a prior conviction, and pleaded not guilty. In December 1990 appellant changed his plea to guilty to the theft charge, with the understanding that the burglary charge would be dismissed.

In reviewing the proposed disposition of both defendants at the plea hearing the trial court noted that neither had been in serious trouble for several years and that the offense was not “terribly…

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