Valenzuela

Victor Anthony Valenzuela appeals from the judgment entered following his negotiated pleas of guilty to second degree robbery (Pen. Code, § 211) and grand theft of a motor vehicle (§ 487h, subd. (a)) and admissions that he used a knife in the commission of both crimes. (§ 12022, subd. (b).) He contends: “I. The trial court should have dismissed the Penal Code section 487h(a) count as a lesser included offense of the Penal Code section 211[.] H] II. Appellant maintains that a sufficient Penal Code section 654 challenge or claim was made at the time of the plea so as to vitiate the effects of rule 412 of the Rules of Court[.] [f] III. The plea bargain, in part, was improper in that it resulted in no reciprocal benefit to appellant[.]”

The preliminary hearing transcript reflects that at approximately 5:55 p.m. on June 24, 1991, Arnold Osuna, the codefendant, entered a Domino’s Pizza restaurant in Los Angeles and spoke with the manager about using the restroom. While they conversed, Sara Ayala, who worked at the restaurant, took four pizzas to her automobile for delivery. Ms. Ayala entered the car and put the pizzas and her purse on the passenger seat. The purse contained…