California Court of Appeal

Order denying defendant's motion to withdraw his no contest plea is affirmed, where: 1) the trial court did not have to determine what effect, if any, Penal Code section 654 might have had on defendant's sentence had he proceeded to trial and been convicted on all charges and allegations; and 2) the nature of the inquiry under section 654 is intensely factual and cannot be determined in advance, particularly where there has not been a trial; and 3) even if the trial court had misadvised defendant, he would not be entitled to withdraw his plea because he did not make a sufficient showing of prejudice.

Appellate Information

• Decided 10/14/2014
• Published 10/14/2014

Judges

• Segal

Court

• California Court of Appeal

Counsel