People v. Avila (1994)

In People v. Avila (1994) 24 Cal.App.4th 1455, the defendant was charged with murder, an enhancement for personal use of a deadly weapon, and a prior serious felony conviction. The defendant pled guilty to second degree murder, admitted the use of a knife, and submitted a motion to strike the prior conviction allegation. The trial court advised the defendant he would receive a sentence of 15 years to life, plus one year for the knife enhancement; the court further informed him that upon completion of his prison term he would be on parole " 'for a period of up to three years.' " (Avila, supra, 24 Cal.App.4th at pp. 1457-1458.) Prior to sentencing, the defendant moved to withdraw his plea, noting that contrary to the trial court's statement he would be statutorily required to remain on parole for life. While the trial court found the defendant had been misadvised regarding the term of parole following his incarceration, it determined that the parole period was not a part of the plea bargain and denied his motion to withdraw the plea. (Id. at p. 1458.) The appellate court held that while the trial court had misadvised the defendant, he had failed to allege sufficient prejudice to justify withdrawal of the plea. (Avila, supra, 24 Cal.App.4th at pp. 1459-1460.) Moreover, the appellate court held that a three-year maximum parole period was not a term of the plea agreement; there was no evidence a parole term was the subject of negotiation. Furthermore, because the term of parole "was a statutorily mandated consequence of defendant's conviction, it ... could not have been the subject of negotiations or a condition of the final agreement." (Id. at p. 1461.)