People v. Ysaguirre CA2/3

BACKGROUND

At proceedings held on November 4, 2013, the prosecutor addressed Ysaguirre and informed him he had been charged in count 2 of a felony complaint filed September 24, 2013 with the crime of “criminal threats, in violation of . . . section 422[,] sub[division] (a), a felony.”2 The prosecutor continued: “There is also a strike alleged. Plus there is a five-year prior alleged, making the total on what you’re admitting and pleading to a maximum of 11 years in state prison.” The prosecutor then indicated Ysaguirre’s counsel had informed her Ysaguirre wished to “plead guilty for the low term doubled, because of the strike, for 32 months, plus five years for the five-year prior, making [Ysaguirre’s] term seven years, eight months in . . . state prison.” Ysaguirre personally indicated that was his understanding of the agreement. After indicating he understood his constitutional rights and the consequences of his plea, Ysaguirre indicated he was freely waiving his rights and taking responsibility for the consequences, then pled “[n]o contest” to count 2, making criminal threats in violation of section 422, subdivision (a), a felony. Ysaguirre then admitted, for purposes of the…