People v. Baker CA4/2

STATEMENT OF THE CASE

On November 27, 2013, an amended felony complaint charged defendant and

appellant Herbert Baker with first-degree burglary under Penal Code 1 section 459

(count 1); and possession of a controlled substance (methamphetamine) under Health and

Safety Code, section 11377, subdivision (a) (count 2). The complaint also alleged six

prison priors under section 667.5, subdivision (b); a serious prior offense under section

667, subdivision (a); and a strike prior under sections 667, subdivisions (c) through (e)(i),

and 1170.12, subdivision (c)(1).

On February 27, 2014, the court denied defendant’s request to replace his

appointed counsel. On March 10, 2014, defendant entered a plea agreement wherein he

pled guilty to possession of a controlled substance (count 2) and admitted the strike prior,

in exchange for a stipulated sentence of 32 months in state prison and dismissal of the

balance of the complaint.

All statutory references are to the Penal Code unless otherwise specified.

The reporter’s transcript from the March 10, 2014 hearing is clear that defendant pled guilty to count 2, “That’s a Health and Safety Code 11377(a).” The felony…