P. v. Schuster CA2/3
In August 2018, defendant and appellant Zachary Apollo Schuster was charged with bringing contraband (marijuana) into a jail facility (Pen. Code, § 4573, subd. (a); count 1) and lewd conduct (§ 647, subd. (a); count 2). It was further alleged defendant had suffered a 2014 strike prior (making terrorist threats) within the meaning of the “Three Strikes” law.
Defendant agreed to plead no contest to count 1 in exchange for a dismissal of count 2 and a term of four years (two-year low term doubled due to the strike). Defendant signed a written advisement of rights form and admitted his strike prior. The court accepted defendant’s waiver of rights on the record. Counsel stipulated to a factual basis for the plea. The court imposed a four-year state prison term in accordance with the plea agreement.
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