People v. Valle CA5

BACKGROUND

At the sentencing hearing on March 22, 2013, the following occurred:

“[THE COURT:] [Defense counsel], how would you like to proceed?

“[DEFENSE COUNSEL]: Your Honor, I know the family of the victim is here and this is the second time they have appeared. My client has informed me that on the date the plea was taken that he was under the influence of alcohol to the point he really was not capable of making a proper decision, and that’s where we are.

“THE COURT: All right. [Defendant], you’re requesting—well, first of all, [defendant], what exactly are you requesting?

“THE DEFENDANT: To withdraw my plea and for me to go to trial.

“THE COURT: And based on what, [defendant]?

“THE DEFENDANT: I feel my—my judgment was hindered due to me drinking.

“THE COURT: Okay.

“THE DEFENDANT: And I didn’t have adequate time to make my decision. I believe—I believe if I would have been given at least a couple days or a week and come back to take the plea I would be giving you the same answer as I am giving you now which is a no. I have denied previous offers from the D.A. time and time again because I want to go to trial, that’s something I want to do. And I haven’t tooken any other…