In a recent unpublished opinion, the Appeals Court in the State of California dealt with a very interesting situation. The plaintiff was charged in a felony complaint for first degree burglary arising from a robbery at a personal dwelling, along with a misdemeanor count of brandishing a replica gun. The complaint specifically alleged that the plaintiff had a prior conviction of robbery.

The plaintiff entered into a negotiated plea agreement under which he pleaded no contest to two counts of second degree robbery and admitted the special allegation that he inflicted great bodily harm. In addition, the plaintiff pleaded no contest to one count of first degree burglary.  The remaining charges were dismissed pursuant to the plea agreement. At the time the plaintiff entered into the plea, the trial court inquired whether the plaintiff had read the form or his attorney read it to him. The plaintiff replied, “Yes.” He also responded in the affirmative when asked whether he understood “everything on the form including all of his constitutional rights and consequences of plea.”