Diaz

FACTS AND PROCEDURAL HISTORY

The Robbery2

On March 11, 1989, Diaz and two other men robbed the victim, who was working alone as a cashier at a Shell gasoline station. The men lured the victim to the restroom where Diaz held a knife to his neck while the other men stole cash and items from the store. Just after the robbery, Diaz was arrested nearby with a knife in his pocket that had blood on the tip. The victim identified Diaz as the person who held a knife to his neck, and identified the knife as the weapon that Diaz held to his neck during the robbery.

1 Allfurther statutory references are to the Penal Code unless otherwise indicated.

2 Thefacts are derived from the victim’s testimony at the preliminary hearing and police reports.

2 The Plea

At the plea colloquy on May 22, 1989, defense counsel relayed to the court that Diaz had “two requests.” First, Diaz wanted to counter the prosecution’s offer of three years in prison, and “would be willing to plead to two years if he could get a forthwith [that day].” Second, if the counter-offer was not accepted, Diaz wanted to have bail reduced. The trial court discussed the plea with Diaz and his counsel: “The Court: . . . [W]e did…