The People v. Ritchie CA5

FACTS AND PROCEDURAL HISTORY

In December 2011, Ritchie was arrested after .17 grams of methamphetamine were found on his person. He was charged by information with possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)/count 1), a felony, and with being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)/count 2), a misdemeanor. In addition, the information alleged in count 1 that Ritchie had two serious or violent prior convictions within the meaning of sections 667, subdivisions (b) through (i), and 1170.12, subdivisions (a) through (d). It was further alleged that Ritchie served a prior prison term within the meaning of section 667.5, subdivision (b). Ritchie was arraigned on the information, entered a plea of not guilty, and denied the enhancement allegations. On September 14, 2012, at sentencing, the trial court discussed a plea agreement with counsel in chambers. The trial court orally pronounced its indicated sentence and advised Ritchie of the consequences of entering a plea. In doing so, the trial court told Ritchie it was going to impose a restitution fine and asked the probation officer the amount. The following exchange…