Kunkel

pled guilty to a complaint filed in the justice court charging a felony violation of Penal Code section 243, subdivision (d), battery with serious bodily injury. He also admitted an enhancement allegation that he used a deadly weapon in commission of the underlying offense. (§ 12022, subd. (b).) The case was then certified to the superior court where defendant was sentenced to state prison. Defendant appeals. His principal claims relate to the contention that he should have earlier been advised of his “right” to have the magistrate consider reduction of his offense to a misdemeanor before his plea of guilty was accepted. He also claims that the superior court erred in ordering him to reimburse the county for the costs of his court appointed counsel. We shall affirm.

Facts

Defendant was charged with the unprovoked knife attack on an unsuspecting and unarmed Black male outside a bar where the defendant had earlier been displaying his braggadocio. The victim suffered severe physical injuries. The evidence revealed overtones of racial hatred in the motivation of the attack upon the Black victim by the defendant, who is White.

Prior to the preliminary examination, defendant…