P. v. Marshall CA4/2
Defendant and appellant, Nicholas Marshall, in a plea to the court, pled guilty to three counts of first degree burglary (counts 1, 3, & 4; Pen. Code, § 459), one count of receiving stolen property (count 2; § 496, subd. (a)), and one misdemeanor count of vandalism (count 5; § 594, subd. (b)(1)). Defendant additionally admitted that, with respect to the count 3 offense, another person, other than an accomplice, was present. (§ 667.5, subd. (c)(21).) With respect to counts 3 and 4, defendant admitted he was out on bail while he committed the offenses. (§ 12022.1.) Finally, defendant admitted he had suffered a prior strike conviction (§§ 667, subds. (c), (e)(1), 1170.12, subd. (c)(1)), a prior serious felony conviction (§ 667, subd. (a)), and a prior prison term (§ 667.5, subd. (b)). The court sentenced defendant to imprisonment for 16 years four months.
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