The People v. Herrera CA1/3

FACTS

A. Background On October 21, 2011, the district attorney filed two informations. In case No. 11- 0018064, Herrera was alleged to have committed the felony offenses of transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)), and possession of methamphetamine for sale (Health & Saf. Code, § 11378), arising from an incident on June 16, 2011. In case No. XX-XXXXXXX, Herrera was alleged to have committed the felony offense of attempted witness intimidation (Pen. Code, § 136.1, subd. (a)(2)), with special allegations that the offense was committed on August 14, 2011, with “force and/or . . . the threat of force or violence upon the witness, or any third person,” and that at the time of the offense Herrera was released from custody on the prior drug offenses. 1. Change of Plea Proceeding At a change of plea proceeding, Herrera agreed to plead guilty to the felony offenses of possession of a controlled substance for sale in case No. XX-XXXXXXX and attempted witness intimidation in case No. XX-XXXXXXX. In exchange for the pleas, the prosecutor agreed to dismiss the remaining charge in case No. XX-XXXXXXX and the special allegations in case No. XX-XXXXXXX.…