People v. White CA5

INTRODUCTION

On July 9, 2012, a criminal complaint was filed charging appellant Terrance White with possession of a weapon while in prison custody (Pen. Code, § 4502, subd. (a)).1 The complaint also alleged that appellant had three prior serious felony convictions within the meaning of the three strikes law (§§ 667, subds. (c)-(j) & 1170.12, subds. (a)- (e)) and three prior prison term enhancements (§ 667.5, subd. (b)). On August 20, 2012, appellant entered into a plea agreement. Appellant initialed and executed a felony advisement of rights, waiver, and plea form acknowledging and waiving his constitutional rights pursuant to Boykin/Tahl.2 Appellant also acknowledged the consequences of his plea. In exchange for appellant’s admission of the offense and one prior serious felony conviction, the remaining allegations would be dismissed. Under the plea agreement, the court would sentence appellant to a term of four years that would be doubled to eight years pursuant to the three strikes law. During the change of plea hearing, defense counsel stated for the record that there had been a conference concerning the plea agreement in chambers. Because appellant was showing a decreasing…