P.

BACKGROUND

The facts giving rise to the charges against defendant are not relevant to the issues on appeal and we, therefore, do not recite them. On October 4, 2011, the Napa County District Attorney charged defendant with felony evading an officer (Veh. Code, § 2800.2, subd. (a), count 1), misdemeanor hit-and-run driving (Veh. Code, § 20002, subd. (a), count 2), misdemeanor driving while license was revoked or suspended (Veh. Code, § 14601.1, subd. (a), count 3), and an infraction possession of less than 28.5 grams of marijuana (Health & Safety Code, § 11357, subd. (b), count 4). The information further alleged defendant had suffered a prior felony conviction that resulted in a prison sentence (Pen. Code, § 667.5, subd. (b)). On January 17, 2012, defendant executed a written change of plea form. The form set forth the terms of the proposed disposition as follows: Defendant would plead no contest to counts 1, 2 and 3 as charged, would be sentenced to 16 months in state prison, and would waive his rights to appeal. The prosecution, in turn, would move to dismiss the remaining count and the special enhancement allegation. Defendant initialed all pertinent provisions of the form,…