People v. Lopez CA4/2

I.

FACTS

The People charged defendant by information with one count of burglary (Pen.

Code,3 § 459, count 1) and two misdemeanor counts of exhibiting a deadly weapon (Pen.

Code, § 417, subd. (a)(1), counts 2 & 3). The People alleged defendant suffered four

prison priors for purposes of sentencing (Pen. Code, § 667.5, subd. (b)), to wit: (1) first

degree burglary on July 20, 1990 (Pen. Code, § 459); (2) second degree burglary on

October 28, 1996 (Pen. Code, § 459); (3) possession of a controlled substance on August

15, 2005 (Health & Safe. Code, § 11377), and (4) receiving a stolen vehicle on May 15,

2009 (Pen. Code, § 496d, subd. (a)). Finally, the People alleged defendant’s July 20,

1990 conviction for first degree burglary was a serious felony (Pen. Code, § 667,

3Unless otherwise indicated, all undesignated statutory references are to the Penal Code.

3 subd. (a)), and a serious and violent felony (Pen. Code, §§ 667, subds. (c), (e)(1),

1170.12, subd. (c)(1)).

On the day of trial, defendant chose to plead guilty to all counts and to admit all

special allegations for an indicated sentence of nine years in state prison. Defendant

admitted he unlawfully entered an…