People v. Segura CA5

BACKGROUND

On July 4, 2009, an officer saw defendant driving a vehicle without a windshield. The officer followed defendant with lights activated. Defendant fled and a high-speed chase ensued. Defendant eventually stopped and ran away. When the officer caught up to him, defendant used force and violence to resist arrest, injuring the officer. Defendant was charged with various crimes and initially pled not guilty. On February 19, 2010, he informed the trial court he wished to change his plea to guilty. The court explained that according to the plea agreement, he would be released pending sentencing and would be deported by United States Immigration and Customs Enforcement (ICE). The agreement was conditioned on his obeying all laws, including laws that forbade him from illegally returning to the United States after his deportation. If he violated the terms of the Cruz waiver and illegally returned to the United States, the stipulated term of six years four months would be imposed. If ICE failed to deport him, he would be required to appear in the probation department within 24 hours of his release. Under these terms, defendant pled guilty to felony evading an officer (Veh. Code,…