People v. Duenes CA2/6

Background In March 2012 a felony complaint was filed charging appellant with one count of possession of methamphetamine (Health & Saf. Code, § 1377, subd. (a)), at that time an alternate felony-misdemeanor, and one count of being under the influence of a controlled substance (Id., § 11550, subd. (a)), a misdemeanor. The complaint alleged one prior separate prison term (Pen. Code, § 667.5, subd. (b))1 and one prior serious or violent felony conviction ("strike") within the meaning of California's "Three Strikes" law. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) Pursuant to a plea bargain, appellant pleaded guilty to felony possession of methamphetamine and admitted both the prior prison term and the strike. The misdemeanor charge was dismissed. Before pleading guilty, appellant initialed the following preprinted provisions in a Felony Disposition Statement: "I could be sentenced to the state prison for a maximum possible term of 7 years. [¶] After I have served my prison term, I may be subject to a maximum period of parole or post-release community supervision of 3 years." In open court the prosecutor informed appellant "that the Court has offered to sentence you to no…