People v. Valadez CA4/1

DISCUSSION

I. DENIAL OF MOTION TO WITHDRAW GUILTY PLEA

A. Proceedings Below

1. Plea Colloquy

At the plea hearing, the court greeted Valadez, who responded, "Good morning."

as was appropriate for the time of day, 10:28 a.m. The court recited the charge and prior

strike allegation to which Valadez was pleading, the stipulated prison term, and the

People's agreement to dismiss the balance of the charges and allegations. The court then

asked Valadez if he understood, and he answered, "Yes, Your Honor." When the court

asked if he would swear to tell the truth, Valadez replied, "Yes, I do," and spelled his

name for the record.

The court asked Valadez if any threats or promises had been made to induce him

to plead guilty. He answered, "No, Your Honor." The court asked Valadez if he had had

enough time to review the charges and any defenses with his attorney. He answered,

"Yes, Your Honor." The court asked Valadez if he had any questions. He responded,

"No, Your Honor."

The court informed Valadez of his various trial rights and asked if he understood

them. Valadez answered, "Yes, Your Honor." The court warned him he was giving up

those rights, except the right to…