People v. Hallgren CA4/1

Good Law
Court of Appeal of CaliforniaJune 22, 2016D068467California4,735 words

Opinion

Opinion

Irion, J.

I.

FACTUAL AND PROCEDURAL BACKGROUND2

In a June 2013 information, following Hallgren's waiver of the right to a

preliminary hearing, the district attorney charged Hallgren with three felony counts based

on incidents that occurred on April 3, 2013: use of personal identifying information of

another (§ 530.5, subd. (a); count 1); burglary of a Rite Aid drug store (§ 459; count 2);

and burglary of an Albertsons grocery store (§ 459; count 3). The information also

alleged a prior strike based on a December 2007 conviction for robbery (§ 211).

In July 2013, pursuant to a negotiated agreement, Hallgren pleaded guilty to

count 2 (§ 459, second degree burglary of the Rite Aid) and admitted the strike prior, in

exchange for a stipulated state prison term and a dismissal of the remaining counts. In

his written plea signed under penalty of perjury, which he orally confirmed at the hearing,

Hallgren set forth the following factual basis for the plea: "I did enter a Rite Aid with the

intent to commit a theft. I do have a prior strike conviction from 2007." After accepting

Hallgren's plea, the court granted the People's motion to dismiss the remaining counts.

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