The People v. Ruiz CA5

INTRODUCTION

Appellant, Erik Vincent Ruiz, was charged in a criminal complaint filed on November 29, 2011, with felony first degree burglary (Pen. Code, §§ 459 & 460, subd. (a), count 1)1 and one count of making a criminal threat, a felony (§ 422, count 2). The complaint further alleged a prior prison term enhancement (§ 667.5, subd. (b)). In early January 2012, appellant was evaluated by a psychologist pursuant to section 1368 and found competent to stand trial. On January 24, 2012, appellant entered into a plea agreement. Appellant initialed and executed a felony advisement, waiver of rights, and plea form. Under the terms of the plea agreement, appellant would admit count 1 in exchange for the dismissal of the other allegations and a stipulated sentence of four years. Appellant acknowledged the consequences of his plea and waived his constitutional rights pursuant to Boykin v. Alabama (1969) 395 U.S. 238 and In re Tahl (1969) 1 Cal.3d 122 (Boykin/Tahl). At the change of plea hearing, appellant’s counsel reviewed the terms of the plea agreement with the trial court. The court advised appellant of, and appellant waived, his constitutional rights pursuant to Boykin/Tahl. The…