People v. Rhoden
Decision Date | 29 October 1999 |
Docket Number | No. D031235.,D031235. |
Citation | 89 Cal.Rptr.2d 819,75 Cal.App.4th 1346 |
Parties | The PEOPLE, Plaintiff and Respondent, v. Mary K. RHODEN, Defendant and Appellant. |
Court | California Court of Appeals Court of Appeals |
Gregory L. Rickard, El Cajon, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Robert M. Foster and Adrianne S. Denault, Deputy Attorneys General, for Plaintiff and Respondent.
Mary K. Rhoden appeals a judgment following her jury conviction of transportation of a controlled substance (Health & Saf.Code § 11379, subd. (a)), possession for sale of a controlled substance (Health & Saf.Code, § 11378), burglary (Pen.Code, § 459),1 and receiving stolen property (§ 496, subd. (a)). Rhoden contends the trial court erred by not enforcing a plea bargain from which the prosecutor withdrew before the bargain was submitted for court approval. We affirm the judgment.
In August 1997 pawn shop employee AnnaMarie Nachazel appraised several pieces of Liana Campbell's jewelry. On August 27 Campbell's jewelry was stolen from her motel room. Campbell filed a police report, informed Nachazel of the theft, and asked her to watch for her jewelry being pawned.
On September 4 Rhoden and Andrea Abbott entered the pawn shop and Rhoden asked Nachazel how much she would pay for the earrings Rhoden handed to her. Nachazel recognized the earrings as a unique pair she had appraised for Campbell. Rhoden also was wearing a pair of earrings that Nachazel had appraised for Campbell. Nachazel called the police. When she told Rhoden the police were coming, Rhoden handed Abbott a zippered bag and said, The police arrived and found in the zippered bag plastic baggies that contained methamphetamine.
Rhoden admitted the truth of allegations that she had three prior drug convictions (Health & Saf.Code, § 11370.2, subd. (c)) and one prison prior conviction (§ 667.5, subd. (b)). The trial court sentenced Rhoden to a middle term of three years for the transportation offense, a concurrent middle term of two years for the burglary offense, and two consecutive three-year enhancements for prior drug convictions, for a total term of nine years.2
Rhoden timely filed a notice of appeal.
Rhoden contends the trial court erred by not enforcing a plea bargain from which the prosecutor withdrew before submission of the bargain to the court for approval and entry of the plea.
On the morning of the second day of trial, Rhoden and the prosecutor agreed to a plea bargain pursuant to which Rhoden agreed to plead guilty to the charge of receiving stolen property and the prosecutor agreed to dismiss the burglary charge. Rhoden, her counsel and the prosecutor signed a change-of-plea form that described the substance of the plea bargain.
In the afternoon, the prosecutor informed the trial court that he had "been discussing [with Rhoden's counsel] a plea" bargain on the two charges and stated, "I am going to have to withdraw from that at this point, and I have spoken with [Rhoden's counsel]." The prosecutor stated that the trial court's ruling on the scope of cross-examination of Campbell had alleviated his concerns influencing his decision to agree to the plea bargain. Rhoden's counsel noted that a change of plea form had been signed by Rhoden and the prosecutor, but that the prosecutor "all of a sudden ... comes in at 1:30 [p.m.] and says no. It's not on." Rhoden's counsel further noted that he "was ready to go forward with the plea at 10:00 [a.m.]" and did not need to question Campbell further; he was satisfied with her testimony to that point. Rhoden's counsel stated: "As far as I am concerned, this plea form should stand, and we should be allowed to go forward with the bargain." The court noted that when the parties agreed on the plea bargain, it was unknown on which issues Abbott's counsel would cross-examine Campbell and that Rhoden's counsel responded that the prosecutor "signed the form after [Abbott's counsel] had already ... been told what the limited scope of the [cross-] examination was going to be...." (Italics added.) The prosecutor stated:
The trial court stated:
"It appears to the court, for the time being at least, that the prosecution probably could not be held to the agreement without some form of performance by one side or the other and that—we can revisit that [issue] at any time .... if [Rhoden's counsel] wants to try to force the deal so to speak[.]"
Rhoden's counsel then argued that if the plea bargain were not enforced, he would want to question Campbell on her August 8, 1997, arrest in Orange County for possession of a controlled substance and her use of methamphetamine. The trial court noted that an arrest was not evidence that could be used for impeachment or other purposes and that Rhoden's counsel had stated he had no direct evidence that Campbell had used or possessed methamphetamine. The court stated it would exclude those questions on grounds of relevance and under Evidence Code section 352.
Rhoden's counsel represented that Abbott's counsel would waive further cross-examination of Campbell and repeated his request for enforcement of the plea bargain. The prosecutor again objected to enforcement of the plea bargain, arguing that Referring to Rhoden's right to a jury trial on the charges, the prosecutor noted: "There is no prejudice to Ms. Rhoden in not having this plea agreement [enforced]."
The trial court restated its ruling that it would "not at this time enforce the plea [bargain]" against the prosecutor.
Campbell then testified that the zippered bag belonged to her and that it contained only her jewelry when it was stolen. Abbott's counsel did not question Campbell on her Orange County arrest or methamphetamine use or possession. Rhoden's counsel asked Campbell whether the zippered bag had ever contained any drugs, but she denied it had.
After the close of evidence, Rhoden's counsel renewed his request that the trial court enforce the plea bargain. The prosecutor restated that he withdrew from the plea bargain because of trial tactics. The trial court stated:
"[W]hile there were some promises outstanding, the plea agreement had not been executed in the sense that [Rhoden] had not entered a plea, and I am disinclined to hold the prosecutor to the plea agreement."
The trial court affirmed its initial ruling that it would not enforce the plea bargain.
In Santobello v. New York (1971) 404 U.S. 257, at page 260, 92 S.Ct. 495, 30 L.Ed.2d 427, the court stated: 3 In People v. Orin (1975) 13 Cal.3d 937, at page 942, 120 Cal.Rptr. 65, 533 P.2d 193, the court described the plea-bargaining process as follows:
...
To continue reading
Request your trial-
Riggs v. Fairman
...even after the defendant's acceptance of the offer, in the absence of any detrimental reliance by the defendant. See People v. Rhoden, 75 Cal.App.4th 1346, 1353-55, 77 Cal.App.4th 512A, 89 Cal.Rptr.2d 819, 822-25 (2000). The Court cannot say that the possibility of such a post-acceptance wi......
-
Cuero v. Cate
...defendant pleads guilty or otherwise detrimentally relies on that bargain.” Witkin, supra at § 382 (emphasis added); see also People v. Rhoden , 75 Cal.App.4th 1346, 77 Cal.App.4th 512A, 89 Cal.Rptr.2d 819, 824–25 (1999), as modified on denial of reh'g (Nov. 23, 1999). Once a defendant ente......
-
Commonwealth v. Cosby
...or prejudice in reliance upon that agreement, the government must be required to honor such an agreement."); People v. Rhoden , 75 Cal.App.4th 1346, 89 Cal. Rptr.2d 819, 824 (1999) (explaining "unexecuted plea bargains generally do not involve constitutional rights absent detrimental relian......
-
Riggs v. Fairman
...binding on the parties until "a defendant pleads guilty or otherwise detrimentally relies on that bargain." People v. Rhoden, 75 Cal.App.4th 1346, 1354, 89 Cal.Rptr.2d 819 (1999). Therefore, even if Riggs had accepted the five-year plea offer, the government may have realized its mistake pr......
-
Table of cases
...1123, 1126–1127, §10:27.8 People v. Rhoads (1990) 221 Cal.App.3d 56, §§3:60, 4:24.7, 9:104.4, 12:14 People v. Rhoden (1999) 75 Cal.App.4th 1346, §3:54 People v. Ricardi [II] (1992) 9 Cal.App.4th 1427, §9:86.3 People v. Rice (1988) 200 Cal.App.3d 647, §4:24.10 People v. Richardi (1990) 221 C......
-
Arraignment and pretrial matters
...is properly prepared and not subjected to an incriminating interrogation. §3:54 Withdrawal of Plea Offer People v. Rhoden (1999) 75 Cal.App.4th 1346, allowed the prosecution to withdraw a plea offer prior to a guilty plea and before the Defendant had detrimentally relied upon it. People v. ......