Christian

People v. Christian

Good Law
125 Cal. App. 4th 688·2005 Cal. App. LEXIS 12·2005 Daily Journal DAR 205·22 Cal. Rptr. 3d 861·2005 Cal. Daily Op. Serv. 178
Court of Appeal of CaliforniaJanuary 6, 2005No. B168038California3,320 words

Opinion

lead Opinion

Aldrich, J.

*691 Opinion

INTRODUCTION

Defendant and appellant Eric Noel Christian was sentenced to 20 years in state prison after he pled no contest to one count of second degree robbery, and admitted that he had suffered one prior strike conviction and two prior serious felony convictions.

Appellant contends the judgment must be reversed because he was not adequately advised of his rights before he entered his plea and admission. To address this contention we must examine the recent case of People v. Mosby (2004) 33 Cal.4th 353 [ 15 Cal.Rptr.3d 262 , 92 P.3d 841 ] (Mosby).

FACTUAL AND PROCEDURAL BACKGROUND

1. Facts. 1

At about midnight on April 26, 2002, appellant robbed a parking lot attendant at gunpoint, obtaining the cash drawer. He sped away in a truck. A few minutes later, a police officer saw appellant drive through a red light. Although the officer turned on the police vehicle’s siren and overhead lights, appellant did not stop. After a high-speed pursuit, appellant collided with a car, stopped, and fled on foot. Appellant was located hiding under a porch of a nearby house. Before being captured, he swung his fist with a nail in his hand, injuring a police dog. The cash drawer…

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