People v. Payne CA3

I. BACKGROUND

In January 1994, defendant resolved San Joaquin County case Nos. SF060824, SF060587, and SF060848 under a global plea agreement. He pled guilty to three counts

1 of second degree burglary under Penal Code section 459 in exchange for a stipulated concurrent term of three years for each count and dismissal of any remaining counts in case Nos. SF060824 and SF060587, and dismissal of case No. SF060848. 1 The prosecutor stated the following factual bases for defendant’s pleas: On November 29, 1993, at approximately 11:30 p.m. officers responding to a burglary alarm found defendant inside the Valley Electric business in Stockton, and, according to the manager, defendant did not have permission or consent to be in the building, which had been locked on that same day at approximately 5:00 or 6:00 p.m. Further investigation revealed that various items were removed, or moved from one area to another, and there was a broken window in one of the bathrooms and a gate that apparently had been used as a point of entry. On December 16, 1993, at approximately 10:10 p.m. officers responded to a possible burglary in progress at the D & L Mowers business, and a witness saw defendant…