P.
P. v. Johnson CA1/1
Opinion
Opinion
I. BACKGROUND
Defendant was charged in a complaint, filed November 18, 2010, with aggravated assault (§ 245, subd. (a)(1)), false imprisonment (§ 236), giving false information to a police officer (§ 148.9, subd. (a)), battery (§ 243, subd. (e)(1)), and vandalism (§ 594, subd. (a)). The complaint was later amended to allege the acts were committed while defendant was released on bail. (§ 12022.1.) Under a plea bargain, defendant pleaded no contest to the charge of false imprisonment.2 The terms of the plea bargain were reflected in a preprinted ―Waiver of Constitutional Rights and Declaration in Support of Defendant‘s Motion to Change Plea‖ (waiver form), executed by defendant on December 6, 2010.3 Paragraph No. 7 of the waiver form stated, ―The maximum punishment which the court may impose based upon this plea is 3 yr,‖ and paragraph No. 9 said, ―Whether or not I will get probation is to be determined solely by the Court. I understand the sentence I receive is solely within the discretion of the Court.‖ Yet paragraph No. 10 stated that, as an inducement to the plea, defendant ―ha[d] been promised‖ a sentence of three years‘ formal probation, with a maximum of one year in jail.…