People v. Thompson CA4/2

BACKGROUND

On June 13, 2014, defendant, along with two others,2 entered a building with the

intent to steal. On June 27, 2014, defendant was charged with second degree burglary

(§ 459, count 1), and with a violation of probation in another case.

On July 30, 2014, defendant entered into a plea agreement whereby he pled guilty

to count one, second degree burglary, in return for a stipulated sentence of two years, of

which one year would be served in local custody and the remaining time would be served

All further statutory references are to the Penal Code, unless otherwise stated.

2 The named co-participants were Richard Owen Simms and Sean Paul Anthony Frazier. Frazier brought a separate petition for resentencing after Proposition 47, which was also denied. That denial is before us in a separate appeal, People v. Frazier, E064238. Simms, the third defendant, does not have an appeal pending in this court.

2 under mandatory supervision, pursuant to section 1170, subdivision (h).3 By way of

factual basis for the plea, defendant’s change of plea form indicates, “I agree I did the

things that are stated in the charges I am admitting.” During the oral…