People v. Bailey CA1/5

I. BACKGROUND

Bailey was originally charged by complaint with having committed a first degree burglary (Pen. Code, §§ 459, 460, subd. (a))1 at an apartment complex located in Concord at 1825 Galindo Street (1825 Galindo), and with receiving stolen property (§ 496, subd. (a)). A sentencing enhancement under section 667.5, subdivision (b) was alleged based upon a prior prison term, and it was further alleged that he was ineligible for probation.

1 Undesignated statutory references are to the Penal Code.

1 On November 1, 2013, pursuant to a plea agreement, Bailey entered a plea of no contest to a second degree burglary charge (§§ 459, 460, subd. (b)) alleged in an amended complaint. The remaining charges and allegations were dismissed with a Harvey2 waiver. Consistent with the terms of the negotiated disposition, the trial court suspended imposition of sentence, placed Bailey on probation for two years, and ordered that he serve 90 days in county jail. Terms of probation required that he obey all laws. He also was ordered to stay away from 1825 Galindo. On January 24, 2014, a petition was filed to revoke probation, alleging that Bailey had failed to comply with the…