People v. Switt CA5

STATEMENT OF THE CASE

In a complaint filed on October 5, 2021, the Kern County District Attorney alleged that Switt willfully and unlawfully possessed a weapon while he was confined in a penal institution (§ 4502, subd. (a)), and that he had on June 18, 2003, been convicted of a prior felony offense, first degree burglary (§ 459), within the meaning of section 667, subdivisions (c)-(j) and section 1170.12, subdivisions (a)-(e). After the complaint was amended on November 5, 2021, to allege that Switt had manufactured or attempted to manufacture a weapon while confined in a penal institution (§ 4502, subd. (b)), Switt entered into a plea agreement pursuant to which he entered a no contest plea to the charge and admitted the strike with an indication by the court that the strike would be stricken pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero), and he would be sentenced to the low term of 16 months. There was a stipulated factual basis for the plea. At the sentencing hearing on February 28, 2022, Switt initially attempted to withdraw his plea, but after discussion, he withdrew his request and agreed to be sentenced. After granting the Romero motion, the…