People v. Bean

Opinion

CARR, Acting P. J.

Defendant was charged with burglary and petty theft with a prior conviction. It was alleged he had served a prior prison term for the prior conviction which underlay the section 666 charge. (§ 667.5, subd. (b).) The parties entered into a plea bargain: Defendant was to plead guilty to attempted petty theft with a prior and the court would try the validity of the prior conviction enhancement and entertain defendant’s motion to strike the enhancement. This bargain was implemented. The court denied the motion to strike. The court imposed one-half the upper term of three…