P.

BACKGROUND AND DISCUSSION

Paul Kenneth Williams pleaded guilty to a misdemeanor charge of violating a

court order (Pen. Code, § 273.6, subd. (a)), and a felony charge of possession of a

controlled substance (Health and Saf. Code, § 11377, subd. (a)). In exchange, the People

dismissed charges that he made a criminal threat (Pen. Code, § 422), and committed

cruelty to three different children by endangering their health (Pen. Code, § 273a, subd.

(b)). Under People v. Cruz (1988) 44 Cal.3d 1247 (Cruz), Williams agreed to waive his

right to withdraw his guilty plea if he was arrested for another crime. At a hearing, the

court questioned Williams regarding the factual basis for the plea, and he pleaded guilty

as noted on the plea form.

The court declined Williams's request to reduce the felony count to a

misdemeanor, noting that in the interim period between the plea bargain hearing and

sentencing, Williams was arrested "on another domestic violence type charge," thus

implicating Williams's Cruz waiver. The court suspended imposition of sentence and

granted Williams probation for three years on condition that he serve 365 days in jail and

pay certain fines.…