P.

INTRODUCTION

1 On December 17, 2012, a felony complaint charged defendant and appellant

Howard Mayo with petty theft having suffered three prior convictions in violation of

Penal Code sections 666, subdivision (a), and 484, subdivision (a) (count 1), and second

degree commercial burglary in violation of Penal Code section 459 (count 2). The

complaint also alleged four prison priors under Penal Code section 667.5, subdivision (b).

On December 26, 2012, defendant pled guilty to count 2, second degree

commercial burglary. The plea agreement provided that defendant would waive a

probation report, be immediately sentenced, and receive a stipulated term of three years

in county prison, to run concurrent with any other pending matters. The balance of the

complaint was to be dismissed, including the four prison priors.

Immediately after defendant’s plea, the trial court sentenced defendant to county

prison for the term of three years, to run concurrent with any other sentence. The trial

court also dismissed count 1 and the four priors were stricken. The trial court gave

defendant credit for 14 days of actual custody plus 14 days of section 4019 conduct

credits, for a total…