P. v. Hoyt
Defendant Johnae Rajshan Hoyt pled guilty to assault with a deadly weapon (Pen. Code,[1] § 245, subd. (a)(1); count one), threatening to commit a crime that would result in death or great bodily injury (§ 422; count three), torturing a dog (§ 597, subd. (a); count four), dissuading a witness (§ 136.1, subds. (b)(2), (c)(1); count five), and misdemeanor vandalism (§ 594, subd. (a); count six). Defendant also admitted having served two prior prison terms. (§ 667.5, subd. (b).) In exchange for his guilty pleas, a charge of attempted robbery was dismissed, which dismissal defendant understood would make him eligible for day-for-day or “half time†conduct credit. (§§ 211, 664; count two.)
The trial court sentenced defendant to state prison for the stipulated term of eight years four months. (§ 1170.15.) It awarded him 470 days of custody credit and 470 days of conduct credit. Defendant obtained a certificate of probable cause.
On appeal, defendant contends (1) he should be allowed to withdraw his “illusory†guilty pleas, (2) his trial counsel rendered ineffective assistance, and (3) his fines should be reduced to the statutory minimum due to misadvisement by the trial court. As we will explain, one of the terms of defendant’s plea bargain, his guilty plea to count 1 as a “non-strike,†cannot be implemented as currently entered. Another material term of the plea agreement, defendant’s eligibility for day-for-day presentence conduct credit, cannot be fulfilled.
We shall reverse with instructions to permit defendant to withdraw his plea, should he choose to do so.
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