The People v. Esquivel CA1/5

BACKGROUND

Esquivel and a codefendant were jointly charged with residential robbery in concert (§§ 211, 212.5 & 213) and dissuading a witness (§ 136.1, subd. (c)(1)). On April 5, 2013, Esquivel entered a plea of no contest to first degree robbery with a stipulated midterm sentence of four years. The prosecution agreed to dismiss the remaining count and to not file additional sentencing enhancement allegations (§§ 12022.7 [infliction of great bodily injury]; 667.5, subd. (b) [prior prison commitment]). Esquivel’s counsel said that he had only recently received the file and had not met with Esquivel before that day, but that he had “discussed [the case] the best I can in light of these circumstances. In light of that, [Esquivel] would like to accept the plea.” On voir dire by the court, Esquivel said that he had not had “as much time as [he] would like” to discuss his plea with his attorney, but that he wanted to proceed. Esquivel was advised on the record of his rights and the consequences of his plea. The court found that Esquivel had made a knowing and voluntary waiver of his rights, and that he understood the nature and consequences of his plea. Esquivel stipulated to the…