P.
P. v. Lopez CA5
Opinion
Opinion
STATEMENT OF THE CASE
Appellant, Ceasar William Lopez, was charged in a felony complaint, on February 8, 2012, with felony second degree commercial burglary (Pen. Code, §§ 459 & 460, subd. (b), count 1)1 and petty theft with a qualifying prior conviction, a felony (§ 484, subd. (a), count 2). The complaint also alleged three prior prison term enhancements (§ 667.5, subd. (b)). On February 9, 2012, appellant entered into a plea agreement in which he would admit count 1 and a prior prison term enhancement and receive a stipulated sentence of four years in exchange for the dismissal of the other allegations. Appellant initialed and executed a felony advisement, waiver of rights, and plea form that set forth the terms of the plea agreement, the consequences of the plea, and advisements of appellant’s constitutional rights pursuant to Boykin/Tahl.2 Appellant acknowledged and waived his constitutional rights in the plea form. Appellant acknowledged at the hearing that he had gone over his rights with his attorney, he understood his rights, and that he initialed and signed the plea form. Appellant pled guilty to count 1 and admitted a prior prison term enhancement. The parties…