People v. Walsh CA6

I. BACKGROUND

On September 17, 2019, Walsh entered the victim’s home when nobody was present and took an iPhone, laptop, and several watches.2 On December 13, 2019, the prosecution charged Walsh with first degree residential burglary (Pen. Code, § 459)3 and grand theft of personal property (§ 487, subd. (a)).4 The information alleged that the burglary was a serious and violent felony within the meaning of sections 1192.7, subdivision (c) and 667.5, subdivision (c). The information further alleged that Walsh had served nine prior prison terms (§ 667.5, subd. (b)) and had four prior strike convictions (§ 667, subd. (b)-(i)).5 At the plea hearing on July 7, 2021, the trial court noted that the prosecutor had made Walsh an offer of 12 years in prison in exchange for pleas as to both counts and the admission of the prior strikes, with the understanding that Walsh would bring a Romero motion.6 The parties also agreed that the information should be amended to reflect that the burglary was a serious felony only and not a violent felony. The trial court indicated a sentence of 12 years, stating that “[t]here’s an opening, a possibility for less.” Walsh thereafter pleaded guilty to…