People v. Thompson CA5

California Court of Appeal Feb 26, 2025 No. F088118Unpublished

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Holding. The court held that the defendant knowingly and voluntarily entered a plea agreement for a 14-year term, and the trial court's single misstatement regarding a four-year term did not invalidate the plea or prejudice the defendant.

Issues

Whether the trial court violated the defendant's due process rights by imposing a 14-year sentence despite a single verbal reference to a four-year term.
Whether the defendant's failure to obtain a certificate of probable cause precludes appellate review of the sentence.
Whether the defendant was prejudiced by the trial court's misstatement regarding the sentence length.

Disposition. affirmed

Quotations verified verbatim against the opinion

“We conclude defendant knowingly and voluntarily entered a no-contest plea on count 2 in exchange for a 14-year term; he could not reasonably have understood his plea agreement to have included a four-year stipulated term.”

“The court’s single misstatement (or mistranscription of its statement) that the plea agreement involved a four-year term does not convince us to the contrary.”

“Even assuming defendant did not understand the plea agreement included a stipulated 14-year term, the record before us demonstrates that he suffered no prejudice.”

Filed 2/25/25 P. v. Thompson CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F088118 Plaintiff and Respondent, (Super. Ct. No. F24901455) v.

JASON DUPREE THOMPSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Gabriel L. Brickey, Judge. Aurora E. Bewicke, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Louis M. Vasquez and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Detjen, J. and Franson, J.

Defendant Jason Dupree Thompson pled no contest, pursuant to a negotiated plea agreement, to one count of human trafficking in exchange for a stipulated term and dismissal of other counts. The written plea agreement indicates a stipulated 14-year term (the middle term) and at the change of plea hearing the trial court repeatedly indicated the term would be 14 years. However, the transcript of the change of plea colloquy also reflects the court one time said, “in this plea, [defendant], you are agreeing to four years.” (Italics added.) The court imposed a 14-year term. On appeal, defendant contends the court violated defendant’s due process right by imposing a sentence in excess of the four-year term it promised. The People disagree. We affirm. PROCEDURAL SUMMARY On February 27, 2024, the Fresno County District Attorney filed a complaint charging defendant with aggravated human trafficking of a minor for a sex act (Pen. Code, § 236.1, subd. (c)(2); count 1),1 human trafficking of a minor for a sex act (§ 236.1, subd. (c)(1); count 2), pandering for prostitution a minor under age 16 (§ 266i, subd. (b)(2); count 3), pimping a minor (§ 266h, subd. (b)(2); count 4), unlawful sexual intercourse with a minor (§ 261.5, subd. (d); count 5), corporal injury to a spouse or cohabitant (§ 273.5, subd. (a); count 6), and child abuse (§ 273a, subd. (a); count 7). On April 29, 2024, defendant pled no contest to the lesser offense of human trafficking to commit a sex act (§ 236.1, subd. (b)) on count 2. In exchange for his plea, counts 1 and 3 through 7 were dismissed. The written plea agreement reflects that the plea agreement included a “stipulated 14y [sic] term (middle term) ….” During the plea colloquy, the prosecutor stated that she “extended a 14-year stipulated offer”; the trial court confirmed that defendant signed and initialed the change of plea form and had enough time to speak with his counsel; and the court explained that defendant would be “agreeing or stipulating to a 14-year term, which is the middle term ….” Then, the court

People v. Thompson CA5

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