Can a defendant withdraw a guilty plea under section 1192.5 of the Criminal Code?

Section 1192.5 requires that a trial court advise a defendant, prior to taking a guilty plea negotiated pursuant to a plea bargain, that the trial court may choose to sentence the defendant other than in conformity with the plea bargain, but that the defendant will be permitted to withdraw the guilty plea in such a case. (See People v. Johnson (1974) 10 Cal.3d 868, 112 Cal. Rptr. 556, 519 P.2d 604.) In this case, we cannot conclude from the record before us that any such advisement was given defendant. The record is clear that the trial court did not directly and verbally advise defendant as to his rights under section 1192.5. Further, the "change of plea/waiver of rights" form executed by defendant did not show (by way of initials in the appropriate box) that defendant understood his rights under section 1192.5. Finally, the generalized statements given by defendant and his counsel as to defendant's understanding of his rights, in light of defendant's affirmative failure to initial the box on the "change of plea/waiver of rights" form relating to his section 1192.5 rights, do not reliably establish that defendant understood those rights. ¹² Given the ambiguity presented by defendant's, on the one hand, assuring the court that he understood "his rights" and, on the other hand, having failed to initial the form box relating to his section 1192.5 rights, the trial court was obligated to conduct a brief, further inquiry into the matter so as to assure itself that defendant truly understood his section 1192.5 rights. (In re Ibarra (1983) 34 Cal.3d 277, 286, 193 Cal.Rptr. 538, 666 P.2d 980.) This, the trial court failed to do.