P. v. Delgado
On April 2, 2009, appellant, Rudy Adam Delgado, was charged in a felony complaint with second degree burglary (Pen. Code, 460, subd. (b), counts 1, 3, 4 & 7),[1]attempted first degree burglary ( 664/460, subd. (a), count 2), grand theft ( 487, subd. (a), count 5), vehicle theft (Veh. Code, 10851, subd. (a), count 6), petty theft ( 488, counts 8 & 10), and three counts of vehicle tampering (Veh. Code, 10852, counts 9, 11, & 12).
On May 19, 2009, appellant entered into a plea agreement in which he would plead no contest to one count of second degree burglary (count 1) and vehicle theft (count 6). In exchange for his plea, appellant there would be a lid of two years on his sentence, he would enter into a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754, and the remaining allegations would be dismissed. Appellant executed an ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM FOR FELONIES (plea form) acknowledging the terms of the plea agreement and his constitutional rights pursuant to Boykin/Tahl.[2] Appellant acknowledged the consequences of his plea and waived his constitutional rights in the plea form.
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