P.

P. v. Clarke CA2/6

Good Law
Court of Appeal of CaliforniaMarch 27, 2013B239010California1,882 words

Opinion

Opinion

Perren, J.

BACKGROUND

On April 14, 2011, appellant pled no contest to three counts of second degree burglary in case number F451161 and one count of second degree burglary in case number F454029. In entering his pleas, he also admitted serving two prior prison terms. Imposition of sentence was suspended and appellant was placed on probation with terms and conditions including that he serve 180 days in county jail. On July 16, 2011, the court revoked appellant's probation and ordered him arrested for failure to report to his probation officer following his release from jail. On August 22, 2011, a new complaint was filed in case number F464113, charging appellant with another count of second degree burglary and alleging three prior prison terms. On September 13, 2011, he pled no contest to the charge, admitted violating his probation in case numbers F454029 and F451161, and also admitted one prior prison term. In exchange for appellant's plea, the prosecution agreed to dismiss the other two prison priors. It was also agreed that appellant would be sentenced to the midterm of two years in state prison, followed by up to four years on parole. The court accepted the plea, found…

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