People v. Norton CA1/1

I. BACKGROUND

In June 2022, a felony information was filed charging Norton with driving or taking a vehicle without consent (Veh. Code, § 10851, subd. (a)) and receiving a stolen motor vehicle (Pen. Code,2 § 496d, subd. (a)). The information alleged as to both counts a prior auto theft conviction (§ 666.5) and a prior serious or violent felony conviction from 2004 (§§ 667, 1170.12, subds. (b), (c)(1)). In September 2023, the parties notified the trial court that they had reached a plea agreement. They executed a “Declaration Concerning a Plea” recording the terms of the agreement. The declaration stated Norton’s desire to plead no contest to the receiving a stolen motor vehicle count (§ 496d, subd. (a)) and admit the prior strike offense (§ 1170.12, subd. (c)(1)) in exchange for “32 mo top refer to Veteran’s Court [and] dismiss all other cases w/H/W.” At the plea hearing, the trial court asked whether “[t]his [was] going to be a 32-month top,” to which defense counsel responded, “Yes, and referral to veterans court.” After the court recited the usual consequences of the plea, it asked Norton if he was promised “anything other than this is going to be referred with a 32-month top.…