Hoare

MEMORANDUM **

Robert Teodore Hoare, a California prisoner, appeals the district court’s dismissal of his habeas corpus petition challenging the sentence imposed after his conviction for second degree burglary. We affirm.

In 1993, Hoare fired a pistol into a trash can in a public park. He agreed to plead guilty to discharging a firearm in a grossly negligent manner in violation of California Penal Code § 246.3. During Hoare’s subsequent plea and probation hearing, the sentencing judge acknowledged that the parties had reached an agreement under which Hoare would plead guilty in exchange for two years summary probation and a fine, but no jail time. The judge also informed Hoare that if he successfully completed the terms of his probation, he could request that his probation be terminated early and his case be dismissed. During Hoare’s plea colloquy, the prosecutor advised him of his constitutional rights and the terms and conditions of the plea agreement. The prosecutor informed Hoare that he was pleading guilty to a felony offense and that if Hoare violated any terms of his probation, he could be sent to state prison. Hoare was also told that his guilty plea could act as a…