People v. Sanchez CA3

BACKGROUND

We granted the People’s request to take judicial notice of the record in defendant’s prior appeal, case No. C066742. We borrow liberally from our previous opinion in that case. (People v. Sanchez (Aug. 30, 2012, C066742) [nonpub. opn.] (Sanchez).) 2010 Proceedings “Prior to the preliminary hearing, defendant was offered a plea deal to resolve both the burglary and probation violation cases. Defendant would plead to the burglary and admit the occupied dwelling and prior serious felony conviction enhancements. The People would dismiss the prior strike allegation. Defendant would be sentenced to an aggregate term of eight years and four months, consisting of a low term of two years on

2 As we discuss in more detail post, the amended information erroneously charged (and defendant pled no contest to) count 2 as a violation of section 490.5 (shoplifting) rather than section 488 (regular petty theft). At sentencing, in the presentence report, and in the abstract of judgment, count 2 was treated as if properly charged.

2 the burglary conviction, plus five years for the prior serious felony enhancement and 16 months on the separate probation violation. The offer was to remain…