People v. Russell CA3

BACKGROUND

The People’s amended information charged defendant with evading pursuing officers while driving in the opposite direction of the flow of traffic (Veh. Code, § 2800.4; count one), fleeing a pursuing officer with willful or wanton disregard for public safety (Veh. Code, § 2800.2, subd. (a); count two), and driving without a valid driver’s license (Veh. Code, § 12500, subd. (a); count three). The amended information also alleged an out-on-bail enhancement (Pen. Code, § 12022.1). On April 10, 2024, defendant resolved the matter against the advice of counsel1 by pleading no contest to count one and admitting the enhancement, as well as the existence of an aggravating factor that she was on probation at the time of the offense. In exchange, defendant would receive an aggregate prison sentence of five years.2 It was implied in the plea agreement that the remaining counts would be dismissed, as reflected in the minute order following defendant’s plea; however, the trial court failed to orally pronounce that dismissal at the hearing. The factual basis for defendant’s plea as described by the prosecutor was that: “On or about August 19th, 2024, in the County of Sacramento, the…