P. v. Welsh
Richard David Welsh, Jr., entered a negotiated guilty plea to residential burglary (Pen. Code,[1] 459/460) and admitted that another personnot an accomplicewas present during the burglary within the meaning of section 667.5, subdivision (c)(21). Welsh also admitted that he had served a prior prison term within the meaning of section 667.5, subdivision (b). Under the plea bargain, the prosecution agreed to dismiss charges of petty theft with a prior count ( 484/666) and being under the influence of methamphetamine count (Health & Saf. Code, 11550, subd. (a)). The parties stipulated to a three-year prison sentence. The trial court denied Welsh's Marsden (People v. Marsden (1970) 2 Cal.3d 118) motion and sentenced Welsh to three years in prison in accordance with the plea bargain.
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