Garcia

Defendant Romiro Ray Garcia seeks a limited reversal based on trial counsel’s refusal to pursue and argue defendant’s motion to withdraw his nolo contendere plea. We shall remand for further hearing on defendant’s motion for withdrawal in accordance with procedures hereinafter described.

Procedural and Factual History

Defendant was accused by complaint of one count of felony assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), with the personal infliction of great bodily injury (§ 12022.7), and the personal use of a dangerous weapon (§§ 667, 1192.7). The complaint also alleged that defendant had served a prior prison term within the meaning of section 667, subdivision (b).

On March 24, 1989, defendant entered a plea of nolo contendere to the charged offense, admitted the prior prison term allegation, and submitted the great bodily injury and dangerous weapon allegations on the police report with the understanding he would receive a five-year prison term.

On April 7, 1989, defendant’s counsel informed the court that defendant wished to withdraw his plea. The matter was continued for hearing before the trial judge who had presided over defendant’s change of…