People v. Ojeda CA4/3

FACTS

Ojeda pled guilty to: (1) possession of methamphetamine, a controlled substance, in violation of Health and Safety Code section 11377, subdivision (a); (2) possession of Darvocet, a designated substance, in violation of Health and Safety Code section 11375, subdivision (b)(2); and (3) possession of controlled substance paraphernalia, in violation of Health and Safety Code section 11364.1, subdivision (a). She was placed on three years’ probation and ordered to serve 180 days in the county jail. A form “WAIVER OF HEARING REGARDING PUBLIC DEFENDER OR COURT APPOINTED COUNSEL FEES AND COURT ORDER” was filed with the court. The form cited Penal Code section 987.8. It also contained a section entitled “WAIVER AND CONSENT TO ORDER” which stated: “I understand the above and waive my right to a Court hearing. I further understand and agree that the Court may enter a judgment against me for ___ $150.00 misdemeanor ___ $200.00 felony.” The $200.00 box was checked. However, while there was a signature line for Ojeda, she did not sign the form. Instead, the words “NO ABILITY” were written on the form in hand. At the hearing at which Ojeda pled guilty, the court asked whether she had the…