P. v. Mayo
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 of 28 days. The trial court ordered defendant to pay a restitution fine of $264 and a revocation fine of $264, which was stayed. The trial court also ordered defendant to pay a court operations assessment fee of $70.
Defendant filed a timely notice of appeal on January 10, 2013. The trial court granted defendant’s request for a certificate of probable cause.
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