People v. Esquivel CA6

BACKGROUND

On April 16, 2012, the People filed a complaint charging defendant and a codefendant, Aaron Ruben Vallejo, 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)). The complaint further alleged that defendant used a deadly and dangerous weapon (§ 12022, subd. (b)(1)). Following a preliminary hearing held on September 24 and 25, 2012, a magistrate ordered defendant held to answer on the charge of second degree robbery. In issuing the holding order, the magistrate found the gang and weapon allegations to be true. On October 4, 2012, the People filed an information that mirrored the complaint, restating the robbery charge and the gang and weapon allegations. At the beginning of a hearing on December 3, 2012, the trial court stated, “We have a disposition as to Mr. . . . Esquivel . . . .” “I’ll state my understanding of the agreement: You will plead no contest to one count of a felony violation of Penal Code Section 211. That’s robbery. Upon your plea of guilty or no contest to that charge and…