People v. Smith CA4/2

FACTS AND PROCEDURAL BACKGROUND

On June 15, 2001, the People filed a felony complaint against Smith, charging him

with two counts (counts 1, 2) of felony second degree burglary. On September 13, 2001,

Smith pled guilty to count 1, waived his right to a presentence report, and elected to be

immediately sentenced. The trial court dismissed count 2 as part of the plea agreement

and placed Smith on probation for three years with credit for 183 days served.

The only information in the appellate record on the factual basis for count 1 comes

from the complaint and Smith’s probation terms and conditions. The complaint states

Smith burglarized 34010 Date Palm, Cathedral City, California and the probation terms

Undesignated statutory references are to the Penal Code.

2 and conditions describes the victim as Dr. Takbiu Lo.

On March 16, 2015, Smith filed a petition for reclassification under section

1170.18, subdivision (f), checking the box stating he “believes the value of the check or

property does not exceed $950.” In their response, the People checked the box stating

Smith was “entitled” to relief.

On July 29, 2015, the superior court summarily denied Smith’s…