SAN DIEGO, CA– In a felony readiness hearing Monday in San Diego County Superior Court, Judge Robert Kearney reviewed a change of plea form in court, but after the accused stated he did not fully understand his legal rights, Deputy Public Defender David Hughes and Judge Kearney agreed the hearing should be postponed.
At the beginning of this hearing, Judge Kearney stated he was going to review the change of plea form presented by the accused’s attorney, DPD Hughes.
Judge Kearney began to ask the accused a series of questions that are typically discussed before signing a change of plea form, including asking the accused if he understood that “by pleading guilty or no contest, you are waiving your right to a speedy trial.”
The accused replied, “Kind of.” In response to this, Judge Kearney asked the accused if he needed more time to review the forms. The accused stated, “No, it’s fine, let’s continue.”
Judge Kearney then asked if the accused had read the change of plea forms. The accused replied, “Yes, I read them but I didn’t really understand what they were saying.”
DPD Hughes then clarified he had read the entirety of the forms to the accused prior to the hearing.
Judge Kearney then asked the accused “do you understand that you have the right to a speedy public trial by jury?” The accused replied that he did not and then added that he does not generally “understand the type of language that’s in the forms.”
Following a comment from the accused that he felt sick, DPD Hughes suggested this hearing be postponed to a later date.
Given the accused’s admission to not fully understanding his rights, Judge Kearney granted a continuance of the hearing.
