P.

P. v. Traver CA3

Good Law
Court of Appeal of CaliforniaJuly 3, 2013C072663California926 words

Opinion

Opinion

BACKGROUND

Charged with four counts of second degree commercial burglary and four counts of misdemeanor grand theft, defendant entered into a plea agreement by which he agreed to plead no contest to one count of second degree burglary (Pen. Code, § 459)2 in exchange for the dismissal of the remaining counts with a Harvey waiver and other provisions set forth in a written change of plea form. The written change of plea form was signed by defendant, defense counsel, the prosecutor and the trial court. As relevant to this appeal, the agreement bears defendant’s initials indicating his agreement with the following paragraphs: “2. (a) I understand that the maximum sentence of imprisonment in county jail that I could receive pursuant to § 1170(h) is 3 years”; and “3. . . . [¶] I will receive felony probation with up to one year in jail as a condition of probation. If I later violate probation, the Court can sentence me up to the maximum indicated in item[] 2, above.” Under the heading “ADDITIONAL ADVISEMENTS,” defendant indicated his agreement that “[a]t the time of sentencing, the sentencing judge may withdraw approval of this plea. If the judge does so, I will be permitted to…

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