Earp

Defendant Joey Wayne Earp was sentenced to state prison pursuant to his no contest plea. Prior to sentencing, he sought to withdraw his plea. As will be illustrated below, his attempt set into motion a series of events that left the parties and the trial court thoroughly confused. Defendant complains that in the end, his constitutional right to counsel was violated. We agree and reverse the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant was charged with possession of methamphetamine for the purpose of sale, in violation of Health and Safety Code section 11378. On March 17, 2006, the People amended the complaint to allege that defendant had previously been convicted of first degree burglary (Pen. Code, § 459), a serious felony within the meaning of sections 1170.12, subdivisions (a) through (d), and 667, subdivisions (b) through (i). Defendant agreed to plead to the charge and admit the prior conviction.

As part of the plea agreement, defendant was to be released from custody pending sentencing. The court warned him as follows: “If you don’t come back or you pick up a new case or you’re picked up for using or you violate the terms of your other probation, you are…