P. v. Martinez CA5
This appeal involves two related criminal actions, Kings County Superior Court case numbers 15CMS1060 and 16CMS1099B (collectively the Underlying Matter). On April 28, 2016, appellant Jose Jesus Martinez appeared in court and the parties announced a negotiated deal to resolve the Underlying Matter (the Plea Agreement). Although appellant indicated his desire to take the Plea Agreement, he laughed while speaking with the trial court. The trial court, without addressing the merits of the Plea Agreement, ordered a scheduled preliminary hearing to commence. A little over two months later, appellant resolved the Underlying Matter for a longer sentence.
Based primarily on this court’s opinion in People v. Loya (2016) 1 Cal.App.5th 932 (Loya), appellant contends that the trial court abused its discretion in rejecting the Plea Agreement. We agree. Because the trial court failed to articulate why that deal was inappropriate, we reverse the judgment and remand for further proceedings.
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