People v. Morales CA5

INTRODUCTION

On August 6, 2012, appellant, Ignacio Solorio Morales executed a felony advisement, waiver of rights, and plea form and entered into a plea agreement. Appellant waived his constitutional rights in the plea form and in court pursuant to Boykin v. Alabama (1969) 395 U.S. 238 and In re Tahl (1969) 1 Cal.3d 122. The parties stipulated to a factual basis for the plea and appellant pled no contest to felony possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a), count 1) and driving a vehicle while under the influence of alcohol or drugs, a misdemeanor (Veh. Code, § 23152, subd. (a), count 2). Count 3, an allegation of being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)), was dismissed. On August 29, 2012, the trial court suspended imposition of sentence and placed appellant on probation for three years upon various terms and conditions, including that he serve 236 days in jail for count 1. Appellant was granted 236 total custody credits for time served and conduct credits. The court ordered appellant to pay fines and fees. Appellant did not obtain a certificate of probable cause. Appellate counsel has filed a…