P. v. Silva CA4/1
As part of a plea agreement, Erick Silva entered a guilty plea to one count of grand theft in an amount in excess of $950 (Pen. Code, § 487, subd. (a)). Silva admitted three prison prior convictions (§ 667.5, subd. (b)). The parties stipulated Silva would serve a six-year term in local custody (three-year upper term plus one year for each prison prior). The People agreed to dismiss the remaining counts and allegations and not to file further criminal charges on "known" burglaries and thefts. Silva agreed to waive the right to appeal the stipulated sentence.
Prior to sentencing, Silva requested the court to compel the office of appointed counsel (OAC) to provide him with a forensic psychological evaluation so he could request treatment under sections 4011 and 4011.8. The court denied Silva's request and sentenced him in accordance with the stipulation.
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