Man Pleads No Contest to Second-Degree Instead of Felony First-Degree Burglary

By Tommy Nguyen

ALAMEDA, CA – During the pretrial hearing this week in Alameda County Superior Court, Jose Luis Martinez Nunez accepted a plea bargain and pleaded no contest to second-degree felony burglary, as the prosecution dismissed all other charges.

Nunez was initially charged with first-degree residential burglary, offense while on bail, and other misdemeanors.

At the beginning of the hearing, Deputy District Attorney Tiffany Gibson summarized the details of the plea, including the charge the accused was pleading to, the terms and conditions that he would be following, and the cases the prosecution was dismissing.

As stated by the DDA, the accused would only admit second-degree burglary, still a felony. He is required to obey standard terms including no possession of burglary tools, staying away from certain individuals and addresses, and restitution.

The prosecution dismissed every other charge, including first-degree residential burglary, offense while on bail, and unlawful taking of a vehicle.

DDA Gibson also discussed “a stipulation that the case is qualified as aggravating factor of a future probation violation.”

The accused added that he did not recognize the people and addresses that were mentioned by the DDA. Judge Bowen Colin responded: “It should just be that if the person is identified to you, then [the defendant] needs to stay a 100 yards away from them.”

Judge Colin also reminded the accused of the consequences of the plea, and the terms and conditions which he would need to follow.

The accused pleaded no contest to the charge of felony second-degree burglary, “with the intent to commit a felony,” said defense attorney Michael Wohlstadter.

The court accepted the stipulation previously made, “based on the police report,” added by the DDA.

About The Author

Tommy is a sophomore majoring in Economics and minoring in Cinematic Arts at the University of Southern California. He is an international student from Vietnam and fueled with the frustration agaisnt flawed justice system that lets down the minority. He is aspired to become a criminal justice attorney and will hopefully attend law school in 2025.

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