People v. Fausto CA5

BACKGROUND

On October 13, 2021, the Kern County District Attorney charged defendant with obstructing or resisting McFarland Police Officer Colin Newhouse on October 9, 2021. (Pen. Code, § 69; count 1). On December 8, 2021, defendant pled no contest to the sole count in exchange for two years of felony probation with one year of jail time and the dismissal of case No. DF016409A. On January 31, 2022, the trial court suspended imposition of sentence and granted defendant two years of probation with one year of jail time, as agreed. On February 4, 2022, defendant filed a motion to withdraw his plea on the ground that Newhouse had been charged with possessing unlawful weapons when he was on duty on January 1, 2022, almost a month after defendant pled no contest. Specifically, defendant’s motion stated that Newhouse had been charged “for allegedly possessing unlawful weapons while on duty (and performing his duties as a law enforcement officer) on January 1, 2022, wherein during a traffic stop, seven officers—including, among others, … Newhouse—at the scene fired at the driver of the vehicle. This is clearly Brady[1] material. Hence, [defendant] should be able to withdraw his plea and…