People v. White CA1/2

BACKGROUND

In November 2018, the San Mateo County District Attorney filed an information charging White with one count of theft of personal identifying information with a prior conviction (Pen. Code, § 530.5, subd. (c)(2)3), one count of bringing contraband into jail (§ 4573, subd. (a)) and two counts of giving false information to a police officer (§ 148.9, subd. (a)). Soon thereafter, White agreed to plead no contest to theft of identifying information with a prior conviction in exchange for a maximum sentence of 32 months. After accepting White’s plea, the trial court found him guilty of the count and dismissed the remaining counts. After White waived his rights under Cruz, supra, 44 Cal.3d 1247 (which the court indicated was referred to in San Mateo County as a “Kemp O.R.”) on his plea declaration form, the court granted him release on his own recognizance so he could attend his mother’s funeral. Consistent with a Cruz waiver, the court told White that, should he fail to return for his sentencing hearing, his plea deal would be “off the table” and he could be sentenced for up to six years.

The People do not argue that White has forfeited his claim by failing to first…