People v. Clark

Daniel D. Clark pled guilty to one count of residential burglary (Pen. Code, §§ 459, 460). The imposition of sentence was suspended, and he was placed on probation in December 1994 for a period of three years. His probation was revoked in June 1995 for violating conditions of his probation. The trial court sentenced him to a prison term of four years.

Clark appeals. His sole assignment of error is that his admission to the probation violations was invalid because it was not preceded by proper admonitions by the trial court. The Attorney General argues the appeal must be dismissed because it is based on an invalid certificate of probable cause.

Factual and Procedural Background

On the evening of August 13, 1994, the downtown motel room of Connie Barber was burglarized; among other things, clothing and jewelry were taken. The next morning, San Diego Police Officer Larry Adair arrested Clark after he was identified by witnesses.

On November 2, 1994, Clark pled guilty to one count of residential burglary.

On December 5, 1994, the trial court granted probation, subject to various terms and conditions, including 365 days of local custody. Clark was released from custody on…