People v. Hill CA5
Opinion
Opinion
DISCUSSION
On December 5, 2012, defendant was convicted of possession of an illegal substance in a jail facility (§ 4573.6) in case No. CRF38799. He was serving a four-year term for this conviction when he committed the current offense on June 5, 2013. He initially pled not guilty, but decided to change his plea to guilty. He signed an advisement and waiver of rights form. The following occurred at the plea hearing on October 28, 2013:
“[PROSECUTOR]: … I will represent to the Court it’s my understanding the defendant will plead guilty to the offense of [section] 4573.6 of the Penal Code and will admit the prior strike allegation, subject will be sentenced to a stipulated term of six years[’] state prison consecutive to any other terms he may be serving or have received.
“And that will be served at 80 percent. It is further understood that the Court indicated restitution fine will be set at $200. He will be sentenced before November 9th if the probation officer can accommodate that.
“THE COURT: All right. [Defense counsel], is that an accurate statement?
“[DEFENSE COUNSEL]: It is, your Honor.”
All statutory references are to the Penal Code unless otherwise noted.