The People v. Pollard CA4/1

INTRODUCTION

On October 16, 2012, after the court advised him of his constitutional rights and

the potential consequences of his plea, defendant Joe Brandon Pollard indicated he was freely and voluntarily giving up those rights and pleaded guilty to one count of attempted

possession of a controlled substance (methamphetamine) (Health and Saf. Code, § 11377,

subd. (a) & Pen. Code, § 664) as a lesser included offense of count 1 of the felony

complaint. Pollard admitted an allegation that he had suffered one strike prior (Pen.

Code, §§ 667, subds. (b)-(i), 1170.12 & 668). The plea bargain stipulated a sentence of

16 months in state prison.

The court granted the prosecution's motion to dismiss allegations Pollard had

suffered two prison priors (Pen. Code, § 667.5, subd. (b)), and immediately sentenced

him to the stipulated 16-month prison term. The court granted Pollard a total of 37 days

of presentence custody credit and imposed various fees and fines, including a restitution

fine and a suspended parole revocation fine.

In his notice of appeal, Pollard indicated his appeal is "based on the sentence or

other matters that occurred after the plea and do not affect its…