People v. Cheso CA3

BACKGROUND

As the facts of defendant’s attempted second degree robbery conviction do not bear on our decision, they are only briefly recounted here. In summary, defendant and

1 D.M. got into an argument outside of a casino in which defendant demanded $300 to pay off a debt D.M. owed to defendant. D.M. responded that he did not have money to pay the debt, prompting defendant to reach for D.M.’s cellular telephone. D.M. turned and ran back toward the casino and defendant pursued him until defendant ultimately punched D.M. in the back of his head. Following a court trial on charges of attempted second degree robbery (Pen. Code, § 211), defendant was convicted and sentenced to 24 months in state prison. In its colloquy regarding defendant’s waiver of his right to a jury trial, the trial court stated, “[Defendant], my understanding is that you are prepared to waive your right to a jury, we would shorten time, and we would put the matter on for Court trial tomorrow afternoon; is that correct?” Defendant answered affirmatively. Turning to the People, the court then stated, “And [prosecutor], in exchange for that, you are agreeing that if there is a guilty finding, that he would be…