People v. Jacquett CA4/1

BACKGROUND

On February 13, 2013, at the outset of this case, the court appointed counsel for

Jacquett. On May 31, retained counsel began representing Jacquett.

At the change of plea hearing on June 19, 2013, Jacquett testified that he

understood the plea agreement; he had read it carefully, or had it read and explained so he

understood it. After consulting with counsel off the record, Jacquett testified that he did

not have any questions for the court about the proceedings. Jacquett also testified he was

entering the plea freely and voluntarily and because he believed it was in his best interest.

While the court was questioning Jacquett about the factual basis for the plea, Jacquett

said, "I just wanted to note that it is not really [¶] . . . [¶] there was no assault. . . ." After

2 a discussion off the record, Jacquett agreed to the following factual basis: On February 8,

Jacquett assaulted the victim with a firearm, for the benefit of a criminal street gang, with

the specific intent to promote criminal conduct by gang members, and in so doing,

personally used a firearm.

At the sentencing hearing on August 6, 2013, Jacquett's attorney told the court…