Monreal

Defendant Gustavo Marc Monreal was convicted by guilty plea of two counts of second degree burglary of the vehicles of Sandra Del Toro and Alok Jhanji (counts 1 and 2; §§ 459-460). Pursuant to the plea bargain, defendant acknowledged that the court could also consider for purposes of sentencing and restitution a charge of second degree burglary of the vehicle of Kenneth Walters (count 3; §§ 459-460) and a charge of receiving a stolen Panasonic car stereo (count 6; § 496). At sentencing the court dismissed counts 3 and 6 and the remaining three counts, including petty theft from the vehicle of Robert Wicke (count 4; §§ 484, 488) and two other charges of receiving stolen car stereo equipment (counts 5 and 7; § 496).

Defendant was also charged with the prior strike felony of assault with personal use of a deadly weapon. (§ 245, subd. (a)(1).) The parties submitted for court trial whether this prior felony qualified as serious. Defense counsel agreed to submit the issue on the abstract of judgment and the probation report, which he conceded were admissible. The parties agreed that if the trial court did not find a strike, the bargain would be renegotiated. The trial court…