People v. Padilla CA5

DISCUSSION

Defendant contends that his trial counsel was ineffective for filing a motion to withdraw his no contest plea without also including a declaration from the public defender who represented him during the change of plea hearing. The People disagree, as do we. A. Additional Background At the change of plea hearing on June 2, 2016, the trial court engaged in the following colloquy with defendant:

“THE COURT: And Mr. Padilla, have you told your attorney all the facts and circumstances that are known to you about your case?

“DEFENDANT: Yes.

“THE COURT: And do you believe that you’ve had enough time to speak with your attorney?

“DEFENDANT: Yes.”

The parties stipulated that the trial court could consider the arresting officer’s affidavit in finding a factual basis for defendant’s plea. Our factual summary is drawn from that affidavit.

3. The trial court then engaged in a similar colloquy with defendant’s counsel:

“THE COURT: And Ms. Weisbrich, do you believe you’ve had sufficient time to discuss this case and all the ramifications with your client?

“[DEFENSE COUNSEL]: Yes, Your Honor.

“THE COURT: Have you discussed with your client his rights, his defenses, and…