People v. Kidd CA4/2

BACKGROUND

Defendant entered into a plea agreement in which he pled guilty to a felony charge

of being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1)) and a

misdemeanor charge of driving under the influence of alcohol (Veh. Code § 23152, subd.

(a)). He also admitted a strike prior of assault with a firearm (Pen. Code, § 245, subd.

(a)(2)). The other charges and enhancements alleged in the information were to be

dismissed by the prosecutor. Included in the terms of defendant’s agreement were a six-

year sentence for the Penal Code violation, a concurrent six-month term for the Vehicle

Code offense, a $300 restitution fee, and his waiver of any right to appeal he may have.

The following day, defendant moved to withdraw his plea. At the hearing on his

motion, defendant amended his original plea to withdraw his admission of assault with a

firearm and instead admitted to a prior strike of forcible rape (Pen. Code, § 261, subd.

(a)(2)), which had also been alleged in the information. The court entered the previous

plea along with the amended admission of the prior strike. It then ordered the agreed-

upon sentence, including the $300 restitution fee,…