Victorian

People v. Victorian

Good Law
1992 Cal. App. LEXIS 57·2 Cal. App. 4th 954·4 Cal. Rptr. 2d 460·92 Daily Journal DAR 1033·92 Cal. Daily Op. Serv. 592
Court of Appeal of CaliforniaJanuary 17, 1992A053802California1,488 words

Opinion

Opinion

White, J.

Following the denial of his motion to withdraw a guilty plea and imposition of sentence, defendant David Victorian appeals from the judgment. For the reasons stated below we reverse the judgment.

Procedural Background

Defendant was charged by complaint with one count of being an ex-felon with possession of a firearm. (Pen. Code, § 12021, subd. (a).) The complaint also alleged four prior felony convictions whereby defendant had served time in state prison.

Pursuant to a negotiated plea agreement, defendant pleaded guilty to the substantive offense. The district attorney and defendant agreed that in return for the guilty plea, the enhancement allegations would be stricken and defendant would be sentenced to state prison for the midterm of two years. In taking the plea, the court advised defendant of his constitutional rights and the direct penal consequences of his conviction. In so doing, the court stated: “In addition, you can be placed on parole following imprisonment for a maximum of 18 months and if you violate the terms of that parole you face an additional year in prison.” The court gave limited section 1192.5 advisements.

Prior to sentencing, defendant moved to…

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