P.

I.

INTRODUCTION

Defendant Daniel Mark Harvey appeals from a judgment of conviction after he

pled guilty to one count of assault with a deadly weapon and admitted to having

personally used a deadly weapon, pursuant to a negotiated plea agreement. On appeal,

Harvey contends that he should be permitted to withdraw his guilty plea because he had

taken medications that might have affected his mental faculties prior to the hearing at

which he entered his guilty plea, thus calling into question whether his plea was made

knowingly and voluntarily. In the alternative, Harvey contends that in light of his

response to an inquiry by the trial court in which Harvey informed the court that he had

taken certain prescription medications in the past 48 hours in connection with his

treatment for prostate cancer, the trial court (a) failed to make an adequate inquiry as to

whether Harvey had the ability to knowingly and voluntarily relinquish his rights and

plead guilty, and/or (b) failed to make an adequate inquiry into the factual basis for the

plea.

Harvey's contentions are without merit. We therefore affirm the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

On July 24,…