People v. Madkins CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

On August 19, 2013, the prosecution filed a felony complaint charging defendant with one count of burglary in the second degree. (§§ 459, 460, subd. (b).) The complaint alleged that defendant entered a CVS store in San José with the intent to commit a theft on or about January 13, 2013. Apart from what the prosecution alleged in the complaint, the record contains no recitation of the facts of the offense. On October 30, 2013, defendant pleaded no contest to possession of stolen property (§ 496, subd. (a)) and misdemeanor petty theft (§§ 484, 488) in exchange for a sentence of four months and a grant of probation. The record shows defendant was advised of and waived his rights, including his right to a preliminary hearing, and he was advised of the consequences of his plea. On December 4, 2013, the trial court, in accord with the parties’ agreement, suspended imposition of the sentence and granted a term of probation to terminate upon the completion of a four-month term in county jail imposed as a condition of probation. The court also imposed various fines and fees, and ordered defendant to submit a DNA sample. The charge of second degree…