SAN DIEGO — A plea agreement in San Diego County Superior Court on Wednesday failed to include a mandatory advisory required under Alexandra’s Law, raising questions about compliance with state law in drug-related cases.
On Sept. 3, 2025, Judge Dwayne K. Moring presided over a change of plea hearing in which the accused admitted to allegations of possessing cocaine base with intent to solicit on July 17, 2025. The accused, represented by Deputy Public Defender Christine Brady, accepted a plea bargain negotiated with Deputy District Attorney Ken that did not contain the advisal mandated by Health and Safety Code §11369.
Judge Moring noted that the plea agreement required a five-year state prison sentence, to be served without a split sentence. Under the deal, the accused will serve half of that term before release.
Deputy District Attorney Ken acknowledged that the plea bargain omitted the advisal required by Alexandra’s Law. The statute mandates that individuals convicted of or pleading guilty to crimes involving hard drugs must be advised that they may lose public assistance upon release. It also warns that those who manufacture or distribute hard drugs that result in death can face homicide charges.
The law requires that the advisory be provided in writing on the plea form when one is used. In this case, the advisory statement was missing.
When asked by Judge Moring why it was excluded, Ken admitted he had not realized it needed to be specifically included in the plea agreement.
Brady told the court that her supervisor informed her the Public Defender’s Office does not authorize inclusion of the statute in plea agreements. As a result, she had not gone over the stipulations of Health and Safety Code §11369 with her client.
Judge Moring concluded the hearing by verbally providing the advisal to the accused, as required under the law, before remanding him to state prison.
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