P. v. Edwards
On July 31, 2008, appellant, Darius Darnell Edwards, was charged in an amended felony complaint with one count of committing robbery of an inhabited dwelling in concert with two or more other persons (Pen. Code, 213, subd. (a)(1)(A), count one),[1]three counts of robbery of an inhabited dwelling ( 212.5, subd. (a), counts two, three & four), and assault with a deadly weapon ( 245, subd. (a)(1), count five). The robbery allegations each alleged that Edwards personally used a firearm in the commission of the offense ( 12022.53, subd. (b)). On August 26, 2008, Edwards entered into a plea agreement in which he would plead no contest to count two and admit the gun use enhancement. Edwards would receive a four-year sentence on count two and a ten-year sentence for the enhancement. Edwards 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] Edwards acknowledged the consequences of his plea and waived his constitutional rights in the plea form. Edwardss 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 acknowledged a factual basis for the plea. At the change of plea hearing on August 26, 2008, the trial court confirmed the terms of the plea agreement with Edwards and counsel. Edwards acknowledged executing the plea form and reviewing his rights with his attorney. The parties stipulated to a factual basis for the plea based on the police reports and video surveillance. Edwards pled no contest to count two and admitted he personally used a gun. The remaining allegations were dismissed. On December 18, 2008, the court sentenced Edwards to a prison term of 14 years pursuant to the terms of the plea agreement. Edwards filed a timely notice of appeal, but did not obtain a certificate of probable cause.
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