People v. Cropper CA5

STATEMENT OF THE CASE

In a complaint filed December 7, 2021,1 Cropper was charged with criminal threats (Pen. Code,2 § 422; count 1), and misdemeanor contempt of court in a pending case (§ 166, subd. (c)(1); counts 2, 3 & 4). On December 8, Cropper’s arraignment was continued because he was in the hospital. He was arraigned the next day, December 9, at which time he pleaded not guilty. A protective order was filed that day.3 (§ 136.2). On December 15, Cropper signed a Felony Advisement, Waiver of Rights, and Plea Form, pleading no contest to count 1 and the dismissal of the remaining counts in exchange for a 16-month maximum sentence. The court indicated a “no initial state prison with release at sentencing, based upon the facts as presented through the People” on that date. Cropper acknowledged that he had read and initialed the boxes on the change of plea form and understood the rights he was waiving. There was a stipulated factual basis for the plea. At the sentencing hearing on January 31, 2022, the trial court heard statements from the victim’s mother, a friend of the victim, and the victim. After hearing these statements, the court withdrew its indicated sentence and…