People v. Gustafson CA3

I. BACKGROUND

On June 19, 2019, defendant was charged in case No. 19F3790 with arson of another’s property (Pen. Code, § 451, subd. (d)—count 1)1 and non-vehicular pollution (Health & Saf. Code, § 42400, subd. (a)—count 2). Pursuant to a negotiated agreement, defendant pled no contest to count 1, which qualified as a “strike,” and count 2 was dismissed. The plea agreement specified defendant would be placed on probation for three years and be released from custody that day pursuant to a Cruz waiver.2 In December 2019, defendant moved to withdraw his no contest plea. Before the motion was heard, the district attorney filed a second criminal complaint, in case No. 20F5636, charging defendant with one count of vandalism causing over $400 in damage (§ 594, subd. (b)(1)). This complaint further alleged that defendant had sustained a prior strike conviction based on his arson conviction in case No. 19F3790. On September 10, 2020, the court denied defendant’s motion to withdraw his plea in case No. 19F3790, finding he had not shown good cause. In October 2020, the district attorney filed a third criminal complaint, in case No. 20F6313, charging defendant with two counts of vandalism…