People v. Richmond CA4/3

FACTS

Richmond was charged with felony possession of fentanyl for sale (Health & Saf. Code, § 11351; count 1); felony possession of methamphetamine for sale (Health & Saf. Code, § 11378; count 2); identity theft with a prior conviction (Pen. Code, § 530.5, subds. (c)(2), (3); count 3); and possession of a payment card scanning device (Pen. Code, § 502.6, subd. (a); count 5).3 She pleaded not guilty. I. The Change of Plea and Sentencing At a hearing to change her plea, Richmond withdrew her not guilty plea and made a “[p]lea to the [c]ourt.” At some point before

2 In re Tahl (1969) 1 Cal.3d 122, 132 (Tahl).

3 All further statutory references are to the Penal Code unless otherwise stated.

3 sentencing, the trial court offered Richmond a choice of two sentences: (1) 270 days in county jail, plus two years of formal probation; or (2) a two- year sentence split between 120 days in county jail and 20 months of mandatory supervision. Selection of the second sentence was conditioned on Richmond signing the murder advisement.4 Richmond chose the second sentence. At the change-of-plea hearing, the trial court stated it “ha[d] a packet of documents” with Richmond’s name indicating she…