People v. McFadden CA4/1

DISCUSSION

I

"'Waivers of constitutional rights not only must be voluntary but must be knowing,

intelligent acts done with sufficient awareness of the relevant circumstances and likely

consequences.' [Citations.]" (People v. D'Arcy (2010) 48 Cal.4th 257, 284.) "Waivers

may be manifested either orally or in writing. [Citation.] The voluntariness of a waiver

is a question of law which appellate courts review de novo. [Citation.]" (People v.

Pannizon (1996) 13 Cal.4th 68, 80.)

Here, the record clearly shows McFadden manifested his consent to the stipulated

sentence. McFadden's plea agreement states that he was promised a "stipulated 2 years

3 months state prison [sentence] concurrent with any parole or PRCS violation." The plea

agreement makes no reference to a sentence any less than two years eight months. In

fact, McFadden placed his initials next to the paragraph that reads, "I understand that I

may receive this maximum punishment as a result of my plea: 4 y[ea]rs 8 months . . . ."

McFadden also placed his initials next the sentence that reads, "I am entering my plea

freely and voluntarily, without fear or threat to me or anyone closely related…