People v. Rivadeneira

Opinion

WOODS (A. M.), P. J. —Carlos Rivadeneira appeals from judgment entered following his negotiated plea of guilty to residential burglary, with court findings of five prior serious felony convictions. (Pen. Code, §§ 459, 667, subd. (a).)

Appellant contends: “I. The enhancements as to the priors occurring before 1986 must be stricken as a matter of law. II. The trial court erred in failing to state reasons for imposing consecutive sentences pursuant to [Penal Code section] 667a on the burglaries which therefore requires that this honorable court remand same to see if valid reasons under the law exist. III. The court erred in failing to apply the provisions of Penal Code [section 667.5] instead of Penal Code [section] 667 in the instant case.”

The information charged appellant with a residential burglary in which a principal was armed with a firearm.1 Five prior serious felony convictions within the meaning of Penal Code sections 1192.7 and 667, subdivision (a), were alleged: three 1975 and 1985 convictions of residential burglary, one 1976 conviction of attempted residential burglary and one 1980 conviction of robbery.

On the date set for trial, the prosecutor indicated the parties had agreed to a guilty plea to the charge and a court trial as to the prior convictions. Appellant, represented by counsel, submitted to the court a preprinted form entitled “Guilty Plea in the Superior Court,” which appellant acknowledged he had completed, signed and initialed.2 On the record, the prosecutor asked [1419]appellant whether he had signed and initialed the plea form, whether the Spanish interpreter had read him the constitutional rights, and whether he understood them. Appellant replied, “Yes.” The prosecutor explained he wanted to be sure that appellant understood the consequences of the plea. He admonished appellant that the court would impose a two-year term for the burglary and explained that the practical effect of a true finding as to each of the enhancements would be five additional five-year consecutive terms. Appellant stated he understood.

The prosecutor then advised appellant that he had a right to a jury trial and a court trial, the right to confront and cross-examine witnesses, and the right to present an affirmative defense, and explained his privilege against self-incrimination. Appellant expressly waived each of these rights. The prosecutor said that a minimum two-year term would be imposed if none of the “priors” were found true and a maximum twenty-seven-year term would be imposed if all of the “priors” were found true. The prosecutor asked appellant if anyone had threatened him or promised him anything not on the record to procure the plea, to which appellant replied, “No.” After other consequences of the plea were explained, appellant entered the plea of guilty. The prosecutor asked defense counsel whether he joined in the waiver of rights, concurred in the plea and would stipulate there was a factual basis for the plea. Counsel replied, “Yes.”