People v. Thurman

In People v. Thurman (2007) 157 Cal.App.4th 36, a jury convicted the defendant of assault by means of force likely to cause great bodily injury, criminal threats, second degree robbery, and false imprisonment by violence. The jury acquitted defendant of attempted murder and the lesser offense of attempted voluntary manslaughter but was unable to reach a verdict on the lesser offense of attempted second degree murder. The jury also deadlocked on vehicle theft and carjacking and on hate crime allegations. (Id. at pp. 39-40.) After declaring a mistrial on the deadlocked counts and the allegations, the court scheduled the case for retrial. The prosecutor's motion to dismiss the attempted murder charge was granted but the defendant's motion to dismiss the other counts was denied. The defendant then entered a negotiated plea to carjacking in exchange for a concurrent three-year term on that count and dismissal of the vehicle theft count and remaining allegations. (Id. at pp. 40, 41.) On appeal, the defendant raised issues related to the carjacking count. Specifically, the defendant contended that the trial court erroneously denied his motion to dismiss, that the carjacking was based on the same conduct as the robbery, and insufficient evidence supported the carjacking. Although conceding he did not obtain a CPC, the defendant claimed that the trial court had "assured him that he could appeal from the judgment with respect to all issues pertaining to the carjacking count." (Id. at pp. 41-42.) Thurman concluded that the record did not support the defendant's claim of an assurance that a CPC was not required nor would such a promise be enforceable. (Id. at pp. 42-43.) Thurman agreed that "courts should tell defendants who are contemplating guilty pleas that they have only limited appeal rights following a guilty plea" but saw "no reason for the court to have reminded trial counsel that he would also have to obtain a certificate of probable cause." (Id. at p. 44.)