![]() "Is that what you wish to do at this time? You and I and the Judge have talked about this and you have agreed you want to plead to Counts III and IV in that allegation and plead to the two armed allegations and the Judge would go ahead with what he told you earlier with the diagnostic study and concurrent time. "The Court: And you also have asked me to provide a diagnostic study by the Department of Corrections, is that right? Mancheno, I understand it is your desire now to plead to two counts provided they are made concurrent is that correct? On the same day, pursuant to a plea bargain, defendant entered pleas of guilty to two counts of robbery and admitted the armed allegation.Īt the time of the guilty plea, the following colloquy occurred: On March 20, 1980, defendant withdrew his plea of not guilty. On January 16, 1980, defendant's motion to relieve the public defender and to proceed in propria persona was granted. The codefendants were also alleged to have used a firearm during the commission of the robberies within the meaning of Penal Code sections 12022.06, subdivision (a)(1).ĭefendant originally pled not guilty and denied the special allegations. The information alleged that the defendants were armed during the commission of the offenses within the meaning of Penal Code section 12022, subdivision (a). Defendant Mancheno and two codefendants were charged with four counts of robbery in violation of Penal Code section 211. The offenses occurred within a short period of time during the early morning hours of November 24, 1979. The underlying facts arise out of the robbery of a restaurant and three all-night convenience markets. His appeal raises the question whether the agreement was violated by the failure of the trial court to implement one of the terms of the plea bargain and, if so, what is the proper remedy. Davis, Jr., Deputy Attorneys General, for Plaintiff and Respondent.ĭefendant appeals from a judgment of conviction following a plea of guilty entered pursuant to a plea bargain. Clark Moore, Assistant Attorney General, William R. Philibosian, Chief Assistant Attorney General, S. George Deukmejian, Attorney General, Robert H. Brightwell, under appointment by the Supreme Court, and Robert J. (Opinion by Broussard, J., expressing the unanimous view of the court.) ![]() FELIX LEONARDO MANCHENO, Defendant and Appellant
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