People v. Valenzuela

Opinion

TURNER, P. J

Victor Anthony Valenzuela appeals from the judgment entered following his negotiated pleas of guilty to second degree robbery

[839]

(Pen. Code, § 211)

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and grand theft of a motor vehicle (§ 487h, subd. (a)) and admissions that he used a knife in the commission of both crimes. (§ 12022, subd. (b).) He contends: “I. The trial court should have dismissed the Penal Code section 487h(a) count as a lesser included offense of the Penal Code section 211[.] H] II. Appellant maintains that a sufficient Penal Code section 654 challenge or claim was made at the time of the plea so as to vitiate the effects of rule 412 of the Rules of Court[.] [f] III. The plea bargain, in part, was improper in that it resulted in no reciprocal benefit to appellant[.]”

The preliminary hearing transcript reflects that at approximately 5:55 p.m. on June 24, 1991, Arnold Osuna, the codefendant, entered a Domino’s Pizza restaurant in Los Angeles and spoke with the manager about using the restroom. While they conversed, Sara Ayala, who worked at the restaurant, took four pizzas to her automobile for delivery. Ms. Ayala entered the car and put the pizzas and her purse on the passenger seat. The purse contained $200 and Ms. Ayala had also placed some money from tips in the ash tray of the automobile. Before she could close the door, defendant began pulling and pushing her around. He ordered her to give him the key and everything she had and poked her arm with a knife, scratching her and causing her arm to bleed. Ms. Ayala threw the keys at defendant and fled from the automobile. Defendant entered the car, opened the door on the passenger side for Mr. Osuna, then drove off. The purse was returned to Ms. Ayala the next day. It contained all her documents, but her money was missing. She was also taken to her automobile and found that the antenna and the right mirror had been broken.

Mr. Osuna and defendant pled guilty at the same hearing. The court indicated that, as to defendant, it would approve a plea agreement calling for a prison term of four years and, as to Mr. Osuna, a prison term of seven years. The court next asked whether the People wanted a plea to both counts. When the prosecutor answered in the affirmative, the court asked defendant and Mr. Osuna whether that was their understanding. Both replied, “Yes,” and both defense counsel indicated that was their understanding, as well.