People v. Mbugua CA2/3

BACKGROUND

I. Mbugua’s guilty plea

The trial court summarized the facts underlying Mbugua’s crime as follows. Someone shot the victim and pushed her out of a car.2 Mbugua happened upon the already wounded victim and raped her. Police officers caught Mbugua in the act, and he first told them she was his wife and then said she was a prostitute. In 1986, Mbugua pled guilty to forcible rape. (§ 261, subd. (2).) Counsel represented Mbugua. At the plea hearing, the prosecutor gave the advisements, asking Mbugua if he understood the charge and if he wanted to plead guilty to it. As to each question, Mbugua said he understood. But when asked if he understood his right to a jury trial, Mbugua said he did “[n]ot exactly” understand that right. After conferring with his counsel, Mbugua represented that he understood and waived his right to a

All further undesignated statutory references are to the Penal Code. The trial court apparently based its summary on a preliminary hearing transcript, which is not part of the record on appeal.

2 jury trial. Similarly, when asked if he understood his right to confront and to cross-examine witnesses, Mbugua said he only “[v]aguely”…