P. v. Nixon
On August 21, 2008, appellant, Delmar Jewell Dixon, Jr., was charged in a felony complaint with three counts of robbery (Pen. Code, 211, counts one, two, & three),[1]three counts of assault with a firearm ( 245, subd. (a)(2), counts four, five & six), and giving false information to a peace officer ( 148.9, subd. (a), count seven). The robbery allegations each alleged that Dixon personally used a firearm in the commission of the offense ( 12022.53, subd. (c)). The assault with a firearm allegations alleged a personal gun use enhancement ( 12022.5, subd. (a)).
On December 10, 2008, Dixon entered into a plea agreement in which he would plead no contest to counts one and two and he would admit the gun use enhancements alleged as to those counts. Dixon would receive a two-year sentence on count one and a sentence of 20 years for the gun use enhancement. His sentences on count two and the enhancement alleged therein would be identical, but Dixon would serve them concurrently. The remaining allegations would be dismissed. Dixon executed an advisement of rights, waiver, and plea form for felonies (plea form) acknowledging the terms of the plea agreement and his constitutional rights pursuant to Boykin/Tahl.[2]
Dixon acknowledged the consequences of his plea and waived his constitutional rights in the plea form. Dixons counsel executed a statement that he had reviewed the plea form with his client, explained each of his clients rights to him, discussed his clients case with him, answered his clients questions, reviewed the consequences of the plea agreement, and discussed with Dixon the elements of the charged offenses and possible defenses.
At the change of plea hearing on December 10, 2008, the trial court confirmed the terms of the plea agreement with Dixon and counsel. Dixon acknowledged executing the plea form and reviewing his rights with his attorney. The court reviewed the consequences of Dixons plea with him and he acknowledged giving up his rights as set forth in the plea form. The parties stipulated to a factual basis for the plea based on the police reports and video surveillance. Dixon pled no contest to counts one and two and admitted he personally used a gun as alleged in each count. The court granted the prosecutors motion to dismiss the remaining allegations. On January 9, 2009, Dixon was sentenced to prison for 22 years on count one and the gun use enhancement pursuant to the terms of the plea agreement. He was given concurrent sentences on count two and the gun use enhancement alleged therein. Dixon filed a timely notice of appeal, obtaining a certificate of probable cause.
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