People v. Scheel CA5
Opinion
Opinion
FACTS
The Stanislaus County District Attorney filed a complaint charging Scheel with first degree burglary (Pen. Code,1 § 459). On April 10, 2018, pursuant to a plea agreement, Scheel pled no contest to the first degree burglary count, and the trial court imposed a six-year prison sentence with execution of sentence suspended, imposed 180 days in jail, and ordered Scheel be placed on three years’ probation. The following colloquy took place at the hearing:
“[THE PROSECUTOR]: Your Honor, we have a proposed resolution in this case. Mr. Scheel’s violation of PRCS will be dropped. In case 619, Defendant will be pleading to the first-degree burglary. He’ll receive the aggravated term of six years imposed but suspended, with execution suspended. He’ll serve 180 days in jail, and he’ll have other standard terms.
“The—in speaking to [defense counsel], the hope is that Mr. Scheel is rehabilitated. If he is not and he re-offends, he’s going to prison for six years.
Undesignated statutory references are to the Penal Code.
2. [¶]…[¶]
“THE COURT: Did you hear Mr. Mayne recite the terms of the agreement?
“THE DEFENDANT: I did.
“THE COURT: Is that your understanding?