People v. Perez CA4/1

Good Law
Court of Appeal of CaliforniaJune 6, 2014D064821California693 words

Opinion

Opinion

INTRODUCTION

At the June 14, 2013 arraignment hearing, Perez─assisted by counsel and a

Spanish language interpreter─initialed and signed a guilty plea form indicating that, in

exchange for a 12-year stipulated prison term, he was pleading guilty to one count of

voluntary manslaughter (Pen. Code,1 § 192, subd. (a)) and admitting an allegation that in

committing the offense he personally used a deadly or dangerous weapon (an automobile)

within the meaning of section 12022, subdivision (b)(1). Perez admitted as the factual

basis for his guilty plea that he "unlawfully and without malice kill[ed] Joaquin Ruiz

Perez" and he "personally used a dangerous or deadly weapon during the course of the

manslaughter, to wit: a motor vehicle."

The court advised Perez, who again was assisted by counsel and a Spanish

language interpreter, of his constitutional rights and the potential consequences of his

plea, including the possible immigration consequences of the plea, and obtained Perez's

waivers of his rights. Perez pleaded guilty to one count of voluntary manslaughter and

admitted the enhancement allegation. The court accepted the plea, finding Perez

voluntarily and…

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