People v. Duckworth CA3

I. BACKGROUND

A. The Charges and Plea Agreement The People’s information charged defendant with robbery (§ 211; count 1), assault with a firearm (§ 245, subd. (a)(2); counts 2 & 3), and false imprisonment by violence (§ 236; counts 4 & 5). The information further alleged defendant personally used a firearm under section 12022.53, subdivision (b) in the commission of count 1 and used a firearm under section 12022.5, subdivision (a) in the commission of all counts. Defendant’s jury trial started on March 8, 2022. The parties later agreed to continue the matter to March 16, 2022, with the understanding that defendant could be released to a treatment program or supervised while released on his own recognizance. On March 16, 2022, the trial court approved the negotiated plea agreement resolving the matter by adding to the information a count of assault with a deadly weapon (§ 245, subd. (a)(1); count 6), maintaining a place for the sale of controlled substances (Health & Saf. Code, § 11366; count 7), and possession of a controlled substance (Health & Saf. Code, § 11377; count 8) to which defendant pleaded no contest. In exchange, the remaining counts and allegations were…