People v. Mesa

Pursuant to a plea bargain, defendant, Manuel Mesa, pled guilty to felony burglary (Pen. Code, §§ 459/460). The plea was entered before a magistrate as set forth in Penal Code section 859a, subdivision (a). The plea bargain provided appellant would not be sentenced to more than two years in prison, the mitigated term. The magistrate certified the case to the superior court and set the sentencing for November 30, 1983. On November 8, 1984, defendant appeared with counsel before the superior court for sentencing. Before sentence was pronounced, defendant orally moved to withdraw his guilty plea on the ground that he did not commit the crime. The public defender, appearing for the defendant, indicated his office found no legal ground for a change of plea. After questioning appellant regarding his plea, the court stated: “[T]he Court finds no good cause for withdrawal of the plea, and denies the motion, denies a remand to the lower court.” The court thereafter sentenced defendant to state prison for two years in accordance with the plea agreement. A timely notice of appeal was filed, and the superior court issued a certificate of probable cause.

Penal Code section 859a,…