P.
P. v. Stancliff CA1/5
Opinion
Opinion
Bruiniers, J.
I. BACKGROUND
In June 2011, Stancliff was charged by felony information with three counts of felony auto burglary (§ 459; counts I–III); two counts of felony drug possession (hydrocodone & oxycodone) (Health & Saf. Code, § 11350, subd. (a); counts IV–V); one count of felony receipt of stolen property (§ 496, subd. (a); count VI); one count of misdemeanor possession of a burglary device (§ 466; count VII); and one count of misdemeanor resisting arrest (§ 148, subd. (a)(1); count VIII). The crimes allegedly occurred between October 30 and November 28, 2010. It was further alleged that Stancliff had four prior convictions within the meaning of section 667.5, subdivision (b). During jury selection for his trial, the prosecutor and Stancliff informed the court they had negotiated a plea agreement. Stancliff would plead no contest to counts III (auto burglary on November 11, 2010) and VI (receipt of stolen property on November 28, 2010) and admit two prior convictions, and the remaining charges would be dismissed with a Harvey2 waiver. On sentencing, as recited by the court during the plea colloquy, “probation would be denied and [Stancliff] would be sentenced pursuant to the…