People v. Fox CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In an open plea, defendant pleaded no contest to receiving a stolen motor vehicle with a prior (Pen. Code, §§ 496d, subd. (a), 666.5; case No. 19F7182; statutory section citations that follow are to the Penal Code) second degree robbery (§ 211; case No. 20F7295), four counts of resisting an officer (§ 148, subd. (a)(1); case No. 20F7295), and first degree burglary (§§ 459, 460, subd. (a); case No. 20F5798). At the sentencing hearing for all three cases, the trial court listed the aggravating factors it considered in deciding whether to select the upper term for first degree burglary: (1) the manner in which defendant carried out the burglary indicated planning and sophistication (Cal. Rules of Court, rule 4.421(a)(8); rule references that follow are to the California Rules of Court), (2) defendant’s prior convictions were numerous and of increasing seriousness (rule 4.421(b)(2)), (3) defendant has served a prior prison term (rule 4.421(b)(3)), and (4) defendant was on probation when he committed the crime (rule 4.421(b)(4)). The trial court sentenced defendant to an aggregate term of 20 years in state prison, consisting of: the upper term of…