People v. Smith CA3

BACKGROUND

We omit the facts of defendant’s crime as they are unnecessary to resolve this appeal. On July 6, 2010, defendant pleaded guilty to second degree burglary of an automobile (§ 459) and was placed on probation in case No. MF033004A. Probation was revoked on April 20, 2011, and on April 25, 2011, the trial court sentenced defendant to a two-year state prison term. On April 25, 2011, defendant pleaded guilty to felony forgery (§ 470, subd. (d)) in case No. SF117376A. The trial court sentenced defendant to a two-year term, to run concurrently with the term in case No. MF033004A. On June 16, 2014, defendant pleaded no contest to receiving a stolen vehicle and admitted a prior prison term in the present case. The information alleged that the burglary of an automobile conviction in case No. MF033004A was the basis of the prison prior allegation. At the plea colloquy, defendant admitted the prior based on the second degree burglary conviction. On October 21, 2014, the trial court sentenced defendant to a four-year term, to be split between two years in county jail and two years of mandatory supervision. On January 30, 2015, defendant filed a section 1170.18 petition for…