Loya

INTRODUCTION

On the day set for jury trial, appellant Armando T. Foya contemplated a plea agreement negotiated with the prosecution for a principal four-year prison term that involved disposition of both cases summarized below. He entered into a protracted and mutually frustrating discussion with the trial judge, who asked multiple times if appellant wanted to plead or proceed to trial. Appellant, however, principally questioned why he could not enter a plea of not guilty by reason of insanity (NGI), which was a question he had raised on previous occasions. Without stating any reason, and just after appellant indicated his desire to take the plea agreement, the court said it would not approve the plea and withdrew it from further consideration. Trial commenced.

In Bakersfield Superior Court case No. BF151668A (the present matter), a jury convicted appellant of reckless evasion of a peace officer (Veh. Code, § 2800.2; count 1); hit and run resulting in property damage (Veh. Code, § 20002, subd. (a); count 2); driving under the influence of a drug (Veh. Code, § 23152, former subd. (a); count 3); being under the influence of a controlled substance (Health & Saf. Code, §…