Massie

In 1979, defendant Robert Lee Massie pleaded guilty, against the advice of counsel, to the murder (Pen. Code, § 187) and robbery (§ 211) of Boris Naumoff, and he admitted special circumstance allegations of prior murder (§ 190.2, subd. (a)(2)) and robbery murder (§ 190.2, former subd. (a)(17)(i), now subd. (a)(17)(A)). He also pleaded guilty to the robbery (§ 211) of Yasphine Khashan and George Shatara, assault with a deadly weapon (§ 245) on Charles Harris, and four counts of possession of a concealable firearm by a convicted felon (§ 12021). After a penalty trial at which defendant waived his right to a jury and represented himself, the trial court set the penalty at death.

In 1985, this court reversed defendant’s death sentence, the convictions for the robbery and murder of Naumoff, and the two special circumstances, holding that defendant’s guilty pleas to the murder and robbery charges were invalid because they were made against the advice of counsel, in violation of section 1018. (People v. Massie (1985) 40 Cal.3d 620 [ 221 Cal.Rptr. 140 , 709 P.2d 1309 ] (Massie I).) Section 1018 expressly prohibits a trial court from accepting a “plea of guilty of a felony for…