People v. Vallejo CA6

BACKGROUND

1 All statutory references are to the Penal Code. On April 16, 2012, the People filed a complaint charging defendant and a codefendant, Joseph Esquivel, with second degree robbery (§§ 211, 212.5, subd. (c)). The complaint alleged that the two individuals committed the crime for the benefit of, at the direction of, and in association with a criminal street gang (§ 186.22, subd. (b)(1)(C)). Following a preliminary hearing held on September 24 and 25, 2012, a magistrate ordered defendant held to answer on the robbery charge. In issuing the holding order, the magistrate found the gang allegation to be true. On October 4, 2012, the People filed an information that mirrored the complaint, restating the robbery charge and the gang allegation. On December 10, 2012, one week after defendant’s codefendant Esquivel entered his no contest plea before another judge of the same trial court, defense counsel stated that defendant “is prepared to enter a plea of no contest.” The trial court, obviously anticipating this step in light of what it would later describe as “extensive discussions” that had taken place in chambers and not been reported, stated, “that plea is based upon the…