People v. Martin CA3

I. BACKGROUND

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) Defendant was charged by criminal complaint with first degree residential burglary (Pen. Code, § 459—count one),1 a serious felony within the meaning of section 1192.7, subdivision (c), and carrying a loaded firearm, a felony (§ 25850, subd. (a)—count two). Defendant entered a plea of no contest to both counts in exchange for a stipulated low-term sentence of two years on count one, plus eight months (one-third the middle term) on count two, for an aggregate sentence of two years eight months in state prison, and dismissal with a Harvey2 waiver of pending case Nos. 15F04039 and 15M09916. The factual basis to substantiate the plea is as follows: On July 6, 2015, defendant unlawfully entered the home of Luke and Jennifer B. and took a loaded semiautomatic nine-millimeter Glock handgun from their home. The handgun was readily accessible on defendant’s person when police contacted him on a public street. The trial court sentenced defendant to an aggregate term of two years eight months in state prison consistent with his plea…