People v. Whelchel

BROWN (Gerald) P. J.

Richard Whelchel pleaded guilty to receiving stolen property with knowledge it was stolen (Pen. Code, § 496, subd. 1). Upon motion by the district *380attorney, the court dismissed two counts charging him with burglary and grand theft. He was not charged with and he did not admit any previous felony convictions. At sentencing, however, the probation officer’s report indicated Whelchel had four previous felony convictions in the State of Washington. The trial court said Whelchel’s case did not call for state prison, but held it had no discretion because Whelchel’s record made…