P. v. Butler
Barry Butler entered a negotiated guilty plea to first degree residential burglary (Pen. Code, 459/460)[1]and admitted that another person, other than an accomplice, was present in the residence during the commission of the burglary within the meaning of section 667.5, subdivision (c)(21). Butler also admitted he had suffered a prior strike conviction ( 667, subds. (b)-(i)) and a prior serious felony conviction ( 667, subd. (a)). The plea bargain provided for a stipulated nine-year sentence, with Butler serving 85 percent of the term before he would be eligible for parole, and included a concurrent two-year prison sentence for a theft charge to which Butler pleaded guilty in superior court case No. SCS207168. Before sentencing, Butler obtained new counsel and sought to withdraw his guilty plea. The trial court denied Butler's motion to withdraw his guilty plea and sentenced him to nine years in prison. Butler requested and received a certificate of probable cause from the trial court. ( 1237.5.)
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