People v. Mascorro CA2/3

BACKGROUND

On March 7, 2013, Mascorro was charged by information with two crimes, assault

by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)),

a felony, and making criminal threats (§ 422). At proceedings held on March 21, 2013,

Mascorro decided to waive her right to a trial and enter a plea of nolo contendere to the

assault charge. In exchange for her plea, the charge of making terrorist threats would be

dismissed and she would be granted probation, one condition of which would be that she

serve 365 days in county jail.

After the prosecutor advised Mascorro of her right to a trial, her right to confront

and cross-examine the witnesses against her, her right to subpoena witnesses and present

a defense, her right to testify in her defense and her right against self-incrimination,

Mascorro indicated she understood those rights and was willing to waive them in order to

accept the plea bargain.

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 At the same proceedings, Mascorro’s codefendant, Lisbeth Natalie Chaves, entered a plea of no contest to the misdemeanor of receiving stolen property (§…