People v. Galindo CA2/8

BACKGROUND

At the preliminary hearing, there was evidence that on March 10, 2014, defendant entered a Burger King and was not able to purchase food using food stamps. Defendant became upset, threatened to harm the pregnant restaurant clerk’s unborn child, and threatened to kill everyone in the restaurant. Defendant was charged with criminal threats (Pen. Code, § 422, subd. (a)) and pled no contest. Defendant was advised of his constitutional rights and the consequences of his plea, and he indicated that he understood. Defendant stated that he was pleading no contest freely and voluntarily. Defendant’s counsel joined in his waiver. The trial court found that defendant’s waiver of his right to a jury trial was voluntary, knowingly and intelligently made.1 Subsequently defendant sought to withdraw his plea on the ground that he did not knowingly and intelligently waive his right to a jury trial. Defendant expressed concern that the prosecutor interviewed a potential witness after the witness testified at an Evidence Code section 402 hearing. Defense counsel represented that defendant was aware of the interview prior to pleading no contest. The court denied defendant’s motion to…