P.

P. v. Shepherd CA3

Good Law
Court of Appeal of CaliforniaMarch 13, 2013C070861California1,249 words

Opinion

Opinion

BACKGROUND

At the brief change of plea hearing, the prosecutor said little, other than to confirm defense counsel’s outline of the disposition; state the factual basis for the plea, a small matter: while a passenger in the backseat of a car, defendant pointed a gun out the rear passenger window and fired several shots at his 15-year-old, pedestrian victim, who was grazed in the leg by a bullet fragment causing three puncture wounds; “join” defense counsel and defendant in the plea; and ask when sentencing would occur. There is no written plea agreement in the record on appeal, and the minute order of defendant’s plea hearing is silent on the matter of restitution fines. However, in response to the court’s prompting at the change of plea hearing, defendant acknowledged, in connection with the plea, the court would “order [him to] make restitution for any injuries and also pay various fines and fees, including [a] mandatory restitution fine of $200.” The trial court also advised defendant that a different judge would sentence him and if he were ultimately not sentenced in accordance with the plea, he could withdraw his plea. Apparently ignorant of the plea “agreement,” the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.