P .v. Brown CA1/4

I. BACKGROUND

A. Underlying Plea and Probation According to the probation report, on March 7, 2011, Fort Bragg police officers responded to a reported altercation that possibly involved a carjacking attempt. Defendant was identified and apprehended walking down the sidewalk near to the location of the incident. The victim said she had just parked her car when defendant walked by and told her to be careful about an on-coming vehicle. She reported that the next thing she knew defendant had grabbed her from behind and was struggling to get her car keys out of her hand. A bystander helped pull defendant away from the victim. He thought defendant was struggling to get the victim’s purse. Defendant fell to the ground but got up and walked off. Defendant told the police he was high on cocaine and alcohol and he angrily grabbed her car keys, believing she had made a derogatory comment about him. On March 21, 2011, defendant pleaded no contest to second degree robbery in exchange for dismissal of the attempted carjacking charge and a driving while intoxicated charge in an unrelated case. At that hearing, the trial court questioned defendant extensively regarding the rights defendant…