P.

Background On July 21, 2011 the Santa Clara County District Attorney filed an information in which appellant was charged with first degree residential burglary (§§ 459, 460, subd. (a).)1 The information contained two allegations; one, that a person, not an accomplice was present in the residence during the commission of the burglary and two, that appellant had a prior strike conviction based on a prior juvenile adjudication (Welf. & Inst. Code, § 602) for assault with a deadly weapon (§ 245, subd. (a)(1)). 1 All unspecified section references are to the Penal Code. On September 6, 2011, appellant pleaded no contest to the first degree burglary charge, admitted the allegation that a person was present other than an accomplice at the time of the burglary, and admitted that he had suffered a prior juvenile adjudication. However, he reserved the right to challenge that the juvenile adjudication was a strike. The court told appellant that he would receive no more than four years in state prison.2 Following appellant's no contest plea, the court found that appellant's juvenile adjudication for assault with a deadly weapon was a strike; the court relied on this court's…