People v. Perez CA4/1
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…