P. v. Pyke CA3
In case No. 16F7631, a felony complaint was filed on December 8, 2016, that charged defendant Vaughn Glen Pyke with residential burglary with a person present, a serious and violent felony and alleged that when he committed the offense he was out on bail or his own recognizance.
On October 2, 2017, pursuant to a plea agreement, the trial court struck the “person present” allegation from the residential burglary charge (which eliminated the “violent felony” allegation, but not the “serious felony” allegation) and dismissed the on-bail enhancement, and allowed the People to amend the complaint to charge second degree commercial burglary as count 2. The court advised defendant that he would receive felony probation, and if he successfully completed probation, he would be permitted to withdraw his plea to the residential burglary count. Defendant thereafter pled no contest to both counts.
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