P.

P. v. Howe CA5

Good Law
Court of Appeal of CaliforniaApril 9, 2013F064332California501 words

Opinion

Opinion

STATEMENT OF THE CASE

Appellant, Steven Howe, was charged on June 9, 2011, in an information with one count of possession of marijuana while being an inmate in state prison (Pen. Code, § 4573.6).1 The information also alleged 28 serious or violent felonies pursuant to the three strikes law (§§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)). The information also alleged three prior prison term enhancements (§ 667.5, subd. (b)). On November 21, 2011, appellant entered into a plea agreement wherein he would admit the substantive count and 15 prior serious felony convictions in exchange for dismissal of the remaining allegations. The parties agreed that the factual basis for appellant’s plea was that on January 31, 2010, appellant possessed marijuana in Avenal State prison without permission. Appellant was informed of the consequences of his plea, including the fact that he was facing a sentence of 25 years to life. Appellant was also advised that he could request that the court strike some of his prior serious felony convictions. The court informed appellant of his constitutional rights pursuant to Boykin/Tahl2 and appellant waived them. Appellant pled guilty to possession of…

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