Is appellant's claim that he was denied a motion to withdraw his plea because he did not know before entering his plea that he would be admitting a hate crime allegation?

California, United States of America


The following excerpt is from People v. Felix, A128324 (Cal. App. 2011):

Nor are we persuaded by appellant's claim that the motion should have been granted because he did not know before entering his plea that he would be admitting the hate crime allegation. Although appellant correctly notes that defense counsel did not initially mention the hate crime allegation when advising the court her client would be pleading guilty, the district attorney stated on the record that an admission of that allegation was part of the deal. Appellant confirmed that he understood this, and defense counsel stated that she had discussed the hate crime allegation with appellant before the change of plea hearing. The trial court was not required to accept appellant's testimony at the hearing on the motion to withdraw the plea that he did not expect to admit the allegation. (See People v. Hunt (1985) 174 Cal.App.3d 95, 103 (Hunt).) Similarly, the court was not required to credit appellant's claim that he entered his plea because he mistakenly believed he could take it back if he changed his mind. The court correctly advised appellant on the record that he would be permitted to withdraw his plea if he received a less favorable disposition at sentencing. (See 1192.5.) The record reflects that he was able to discuss this admonition with his counsel and stated on the record that he understood what it meant.

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