Trejo

INTRODUCTION

Following a jury trial, defendant and appellant Joe Trejo (defendant) was convicted of two counts of attempted second degree robbery and five counts of second degree robbery. On appeal, he contends that the unsuccessful and sometimes contentious plea bargain negotiations that took place prior to trial resulted in a denial of his due process right to a fair trial. Defendant also contends that the trial court committed prejudicial error when it denied his motion for a mistrial. The Attorney General disagrees with both of defendant’s contentions and asserts that additional fees and assessments should have been imposed by the trial court.

In the published portion of this opinion, we hold that the plea bargain negotiations did not deprive defendant of a fair trial. In the unpublished portion of the opinion, we hold that the trial court did not abuse its discretion in denying the motion for mistrial and that the trial court is required to impose additional fees and assessments.

FACTUAL BACKGROUND *

PROCEDURAL BACKGROUND

The Los Angeles County District Attorney in an amended information charged defendant in counts 5 and 6 with attempted second degree robbery in…