People v. Hartsfield CA2/3

BACKGROUND

On August 29, 2007, Hartsfield entered into a negotiated plea under which he agreed to plead not guilty by reason of insanity to a forcible lewd act on a child (Pen. Code,1 § 288, subd. (b)(1)) and to an attempted lewd act on a child (§§ 664, 288, subd. (a)) and admit a prior strike conviction for a robbery committed when he was a juvenile. Hartsfield was not advised at that plea hearing that his commitment could be extended beyond the original term of commitment. At the subsequent sanity hearing, the court found that Hartsfield was insane when he committed the offenses and committed him to Patton State Hospital for the agreed-upon term of 16 years. He again was not advised that his commitment could be extended indefinitely, beyond 16 years. On February 17, 2021, the People petitioned to extend Hartsfield’s commitment under section 1026.5, subdivision (b). The trial court extended Hartsfield’s commitment to June 3,

1 All further undesignated statutory references are to the Penal Code.

2 2023. At no time during those proceedings did Hartsfield raise any issue regarding the inadequacy of any advisement when he entered the plea. On March 8, 2023, the People again…