People v. Tavares CA5

INTRODUCTION

In 2017, appellant Shacarria Tavares entered a conditional guilty plea to a charge of battery by an inmate on a nonconfined person (Pen. Code, § 4501.5).1 Following negotiations, the People agreed to dismiss this charge after two years if appellant abided by certain terms and conditions; if appellant did not comply, she would serve a prison term of four years. In 2019, appellant sought dismissal of this criminal matter. The People opposed that request, contending that she was in violation of her plea agreement. The trial court determined that a material term of the plea agreement was ambiguous, and it gave appellant the opportunity to file a motion to withdraw her plea. Appellant, however, asked the court for specific performance. The trial court concluded that appellant was in violation of the plea agreement, and it sentenced her to prison for four years. In the present appeal, appellant contends the trial court erred. According to appellant, the written plea agreement is not ambiguous, and the court should have granted her specific performance, resulting in a dismissal of this case. Respondent takes the opposite view, asserting that the court properly resolved this…