People v. Fife CA4/2

STATEMENT OF THE CASE2

Defendant was charged by felony complaint with robbery and petty theft with

three priors, a felony. (§ 666, subd. (a).) The complaint also alleged that defendant had

served two prior prison terms within the scope of section 667.5, subdivision (b);

suffered a prior “serious felony” conviction (§ 667, subd. (a)); and that the latter

conviction was a “strike.” This conviction was for battery with serious bodily injury.

(§ 243, subd. (d).)

All subsequent statutory references are to the Penal Code.

Because defendant entered his plea before the preliminary hearing could be held, the facts of the case are not ascertainable from the record.

2 The felony plea form executed by defendant indicated that the maximum term for

the charges and allegations involved was 10 years.3 (§ 1192.7, subd. (c)(8).) Had the

serious felony enhancement and the two prior prison terms remained in play, the

maximum would have been 13 years.4 The agreed term offered to defendant was six

years.

Some six weeks later, defendant moved to withdraw his plea on the basis that his

original attorney, Jeffrey G. Moore, had erroneously advised him that the battery

conviction was…