People v. Tidwell CA3

BACKGROUND

Although there was no written plea agreement, during a change of plea hearing the prosecutor articulated the terms of a plea agreement that had been reached by the parties. Defendant would plead to a violation of Penal Code section 530.5, subdivision (c)(3) [the acquisition or retention of personal identifying information from 10 or more people with the intent to defraud];2 the parties agreed defendant would be sentenced to the middle term of two years, doubled based on a prior strike offense, for total of four years in prison; defendant would admit the prior strike conviction; and the parties would agree on a date for sentencing. The stated factual basis for the plea was that during a parole search of a vehicle defendant had been driving, officers found numerous debit and credit cards, including cards issued to other people, and on defendant’s cell phone they found the personal identifying information of more than 30 people. Prior to taking the plea, the trial court advised defendant of the consequences of the plea and defendant’s rights to a trial by jury, to confront witnesses against him, to present evidence, and not to incriminate himself. It did not advise him…