Labora
People v. Labora
Opinion
Lead Opinion
Ramirez, J.
*910 Opinion
Pursuant to Penal Code section 1238, subdivision (aXlO), 1 the People appeal the judgment entered against defendant and respondent Jose Luis Labora. They contend the judgment was a result of judicial plea bargaining. We determine that the People have standing and judicial plea bargaining did occur. Accordingly, we reverse the judgment and direct the trial court to give defendant the opportunity to withdraw his guilty plea.
I. BACKGROUND
On November 2, 2009, defendant pled guilty to forcible spousal rape (§ 262, subd. (a); count 1), assault with force likely to cause great bodily injury (§ 245, subd. (a)(1); count 2), making a criminal threat (§ 422; count 3), and false imprisonment (§ 236; count 4). He also admitted using a dangerous weapon during the count 2 assault. (§§ 667, 1192.7, subd. (c)(23).) Defendant’s plea was conditioned on receiving a sentence of six years.
The trial court commenced the change of plea hearing by noting it had found a change of plea form waiting on the bench when it arrived. The plea form indicated that the plea was a plea to the court, with a custody term of six years. The trial court found a factual basis in the preliminary hearing…