People v. Cooks CA2/5
Opinion
Opinion
I. INTRODUCTION
Defendant Brennen Michael Cooks appeals from a robbery conviction entered following a plea, arguing that the judgment should be reversed because his waiver of the right to withdraw the plea under Cruz1 was not knowing and voluntary. We affirm.
II. BACKGROUND
A. Complaint
On August 20, 2024, the Los Angeles County District Attorney (District Attorney) charged defendant in a felony complaint with second degree robbery in violation of Penal Code section 211.2 The District Attorney also alleged that defendant had: served a prior prison term; previously performed unsatisfactorily on probation, mandatory supervision, post- release community supervision, and parole; engaged in violent conduct that indicated a serious danger to society; and sustained two prior felony convictions.
People v. Cruz (1988) 44 Cal.3d 1247, 1249 [A defendant who “pleads guilty pursuant to a plea bargain which is subsequently disapproved by the trial court shall be permitted to withdraw the plea if he or she so desires”] (Cruz).)
All further statutory references are to the Penal Code.
2 B. Change of Plea and Cruz Waiver