People v. Gordon

Opinion

YEGAN, J. Pursuant to a negotiated disposition Dana Patrick Gordon was convicted by plea of three counts of forgery (Pen. Code, § 470) and remaining counts were to be dismissed at the time of sentence. Represented by counsel, he entered these pleas before a magistrate. (Pen. Code, § 859a, subd. (a).) The “Felony Disposition Statement” recited: “District Attorney’s position on sentence: The defendant should be placed on probation and not now be committed to state prison.” It also recited that as a result of [1525]the pleas, appellant could be sentenced to state prison or committed to the youth authority for a term not to exceed four years and four months. At the time of sentencing in superior court, he was committed to the California Youth Authority for an aggregate term not to exceed three years four months.

He appeals, contending: “I. Appellant should have been allowed the opportunity to withdraw his guilty plea in light of the fact that he did not receive the benefit of his bargain. II. Appellant’s commitment to the custody of the Youth Authority as a youthful offender was invalid, absent appellant’s consent.” These contentions are without merit and we affirm.

At the April 10, 1990, sentencing hearing, counsel for appellant argued that he should be given probation with a term in county jail “. . . somewhat less than one year . . . ,” consistent with the negotiated disposition. The court remarked, “I’m a little concerned about Mr. Farley’s [defense counsel] opening comment mainly that the Defendant pled guilty with the expectation and understanding that this was a probation case because the district attorney made a commitment that they were not going to seek a Department of Corrections or a youth authority commitment in this case. If that in some way binds this Court, then I’d be glad to consider the Defendant withdrawing this plea because, Mr. Farley, I have never seen a case that cries out more for the youth authority than this case. . . . The problem is that the Defendant has been on probation since he was 13, and he has failed in every aspect .... I’m going to commit him to the youth authority. Now, if that in some way is a breach of some understanding that the Defendant had or you’d had, I'd certainly be glad to consider a withdrawal of the plea. ... I don't want the defendant to feel that he has been—somehow something that he thought he had is now being taken away from him.” (Italics added.)

At no time during the April 10, 1990, sentencing hearing did appellant or his attorney indicate that the pleas were involuntary or there was any misunderstanding relating to the “District Attorney’s position on sentence.” Neither appellant nor his attorney mentioned withdrawal of the guilty pleas. The sentencing was put over one week for appellant and counsel to confer.