People v. Mayo CA5

FACTS

I. Procedural Facts

A. Charges On April 23, 2012, defendant was charged with kidnapping to commit robbery (count I – Pen. Code, § 209, subd. (b)(1)),2 elder abuse (count II – § 368, subd. (b)(1)), first degree residential robbery (count III – § 211), first degree residential burglary (count IV3 – §§ 459, 460, subd. (a)), and false imprisonment of an elder adult (count V – § 368, subd. (f).) As to the kidnapping, robbery and burglary counts, the information alleged the victim was an elder dependent adult. (§ 667.9, subd. (a).) As to the burglary count, it was alleged that a nonaccomplice was present in the residence. (§ 667.5, subd. (c)(21).) Defendant pleaded not guilty to all counts. B. Change of Plea On June 6, 2013, a “Felony Advisement, Waiver of Rights, and Plea Form” was filed (hereafter, “change of plea form”). In the form, defendant requested to withdraw his plea of not guilty as to the kidnapping and burglary counts (I and IV), and enter a plea of guilty to those charges. Defendant also agreed to admit the enhancements to count IV. (§§ 667.9, 667.5, subd. (c)(21).) In the same area of the form where the counts were listed, there was a handwritten notation reading:…