In re Andres R. CA5
Opinion
Opinion
FACTS AND PROCEDURAL HISTORY
On April 10, 2014, the Fresno County District Attorney filed a wardship petition under section 602, alleging that Andres committed murder while armed with a firearm. (Pen. Code, §§ 187, subd. (a), 12022, subd. (a)(1); count 1.)2 Andres denied the allegations. On June 18, as part of a plea agreement, a first amended wardship petition was filed. It added count 2, which alleged Andres committed assault with a deadly weapon (a baseball bat) for the benefit of, at the direction of, or in association with a criminal street gang. (Pen. Code, §§ 186.22, subd. (b)(1), 245, subd. (a)(1); count 2.) Andres admitted count 2, in return for which count 1 was dismissed, and the matter was set for disposition. In the course of Andres’s admission, the following occurred:
“THE COURT: Counsel, how would you wish to handle the factual basis? Would you like to set it forth … at this time, Mr. Brickey [(prosecutor)]?
“MR. BRICKEY: Sure. I can make an attempt, and I would invite counsel if I leave anything out to go ahead and add in.
“THE COURT: So you need to listen, and then I’m going to ask you if you agree to this. Okay. [¶] … [¶]