People v. Smith CA2/5

I. BACKGROUND

Over 30 years ago, in May 1986, defendant pled guilty to two counts of robbery and two counts of attempted kidnapping for robbery (§§ 209, subd. (b), 664). The trial court sentenced him to fourteen years in prison. More recently, in March of 2021, defendant filed a section 1473.6 motion. This is how the notice of motion summarizes the issues raised: “1. Defendant must be advised of his constitutional rights against compulsory self-incrimination, to a jury trial, and to confront accusers before he can enter a plea. [Boykin v. Alabama] (1969) 395 U.S. 238. [¶] 2. When a transcript of the defendant’s plea is lost or destroyed, he may present other evidence that his BOYKIN/TAHL right[s] were infringed. [People v. Sumstine] (1991) 36 Cal.3d 909. [¶] 3. The defendant should be advised of the direct consequences of his plea. [In re Ronald E.] (1977) 19 [C]al.3d 315, 325; [People v. Watson] (1956) 46 Cal.2d 818. [¶] 4. The defendant should be advised of the nature of the charges against him. [Bunnell v. Superior Court] (1975) 13 Cal.3d 592, 6022. [¶] 5. The plea should be vacated if the

1 Undesignated statutory references that follow are to the Penal Code.

2 defendant was…