Martin

Steven Donald Martin appeals from convictions entered upon pleas of nolo contendere in three separate cases. He claims he was denied due process when he was sentenced in the first of the cases without a prior hearing on revocation of his previously granted probation; the trial court violated the plea bargain in that case by sentencing him to a prison term exceeding that specified in the plea bargain; and the court erred in imposing consecutive sentences.

Statement of the Case and Facts

On November 6, 1990, an information was filed in the Solano County Superior Court charging appellant with residential burglary (Pen. Code, § 459) and petty theft with prior convictions (§ 666). It was further alleged that the residential burglary was a serious felony (§ 1192.7, subd. (c)(18)) and presumptively precluded probation (§ 462). The probation report reveals that the charges arose from an incident on October 12, 1990, in which appellant broke into his mother’s home, emptied liquor bottles and refilled them with water, and took a television set, videocassette recorder (VCR), microwave oven and fan.

Appellant pied not guilty on November 9. On November 30, he changed his plea to…