People v. Alvarez CA2/6

FACTS AND PROCEDURAL HISTORY

On December 22, 2010, in Case No. 2010034592, Alvarez pleaded guilty to second degree commercial burglary and admitted that he committed the criminal offense to benefit a criminal street gang. (§§ 459, 186.22, subd. (b)(1).) 1 All further statutory references are to the Penal Code. The offense involved burglary of a school classroom and the spray-painting of gang-related graffiti. The trial court granted Alvarez 36 months of formal probation with terms and conditions. Alvarez later violated the terms of probation on two occasions by using marijuana, and on a third occasion, by custodial possession of a weapon. On December 18, 2012, in Case No. 2012038364, the prosecution charged Alvarez with custodial possession of a weapon and alleged that he had a prior serious felony strike conviction. (§§ 4502, subd. (a), 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) The criminal offense involved the possession of a sharp knife-like object during Alvarez's confinement in county jail. As part of a plea agreement, Alvarez pleaded guilty to custodial possession of a weapon, and admitted that he suffered a prior serious felony strike conviction. The trial court…