People v. Hernandez CA4/1

BACKGROUND

The change of plea form, which Hernandez read, understood, discussed with his

attorney, initialed and signed, stated: "I have not been induced to enter this plea by any

promise or representation of any kind, except: . . . Court indicates [two] years State

Prison." The form listed a $10,000 fine as a consequence of the guilty plea and stated: "I

understand that I must pay a restitution fine ($200-$10,000), that I will also be subject to

a suspended fine in the same amount, and that I must pay full restitution to all victims."

Further statutory references are to the Penal Code unless otherwise specified. 2 The form contained a waiver of Hernandez's "right to appeal . . . any defect in plea

advisal."

At the change of plea hearing, before Hernandez entered his guilty plea, the court

told him: "And the deal is in this case that I've indicated, in return for your plea to the

face of the complaint and admitting of the [prison prior], I'll give you a two-year sentence

with denial of probation, and you also agree to waive any appeal as to the plea, the

[section] 1538.5 motion, and any other issues in the case.[2] Is that your…