People v. Pyburn CA4/1

STATEMENT OF FACTS AND PROCEDURE

Pyburn's mother, Reetta Pyburn,1 told Bryan Tanana, whom she resided with for a

short time, that she needed money and that Pyburn would escort Tanana to an ATM to

get the money so that he would not call the police. Thereafter, Pyburn went with Tanana

to an ATM where Tanana withdrew $100. Pyburn told Tanana that he wanted $20.

When they returned to Tanana's apartment, Reetta took $80 that Tanana had

remaining after he bought beer. Reetta and Pyburn threatened Tanana and confined him

to a bedroom. After Tanana attempted to escape, Pyburn and Reetta beat, gagged, tied,

and placed him in a closet. Tanana was eventually able to escape and yelled to a nearby

sheriff's deputy for help.

The People charged Pyburn with first degree robbery and kidnapping for the

purpose of robbery. Approximately one week before trial, Pyburn pled guilty to first

degree robbery and admitted one prison prior and one strike prior conviction. Thereafter,

Pyburn moved to dismiss the charges against him and withdraw his guilty plea, arguing

his "package-deal" plea was not voluntary and his counsel rendered ineffective assistance

by failing to…