P. v. Farakesh CA6
Pursuant to a negotiated plea agreement, defendant Eamon Farakesh pleaded no contest to a single felony count of taking or unauthorized use of a vehicle with the intent to temporarily deprive the owner of possession (Veh. Code, § 10851, subd. (a)). As provided for in the plea agreement, the trial court granted Farakesh three years of probation.
On appeal, Farakesh raises two issues: (1) the trial court abused its discretion by finding a factual basis for his no contest plea based on defense counsel’s stipulation; and (2) this court should remand the matter to the trial court to reduce his probationary term under Assembly Bill No. 1950 (2019 2020 Reg. Sess.) (Assembly Bill 1950). The Attorney General maintains that the trial court did not abuse its discretion in finding a factual basis. He concedes that remand is appropriate so that Farakesh may be resentenced.
We determine that the trial court did not abuse its discretion in finding a factual basis.
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