People v. Okerlund CA3

BACKGROUND

We need not recite the details of defendant’s crimes in order to resolve his claims on appeal. It suffices to say that defendant was charged with second degree burglary and felon in possession of a firearm (§ 29800, subd. (a)(1)), along with firearm, on-bail, and strike allegations. His strike was alleged to be a 1994 residential burglary conviction from the state of Washington which “includes all of the elements of a particular prior as all of the elements of a particular violent felony as defined in subdivision (c) of Section 667.5 or serious felony as defined in subdivision (c) of Section 1192.7.” On August 26, 2014, defendant signed a plea agreement form. The form is extensive, and contains a numbered list of 30 different admissions and other representations with the admonishment to pleading defendants to “initial only in the boxes [preceding] statements that you have read, understand, and with which you agree.” For example, defendant initialed boxes agreeing that he was sober, agreeing to a list of the charges to which he was pleading no contest, and a box marked “(If applicable),” wherein he admitted firearm and on-bail enhancements. He also initialed another box…