Grey

As part of a plea bargain, defendant pled nolo contendere to one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a) (1)) and an allegation that he used a deadly weapon (Pen. Code, § 12022, subd. (d)) with the understanding that he would be sentenced to not more than the middle term plus the one-year enhancement for deadly weapon use. In exchange, the court dismissed one count of felony infliction of corporal injury on a spouse (Pen. Code, § 273.5) along with an associated deadly weapon-use allegation (Pen. Code, § 12022, subd. (b)). Thereafter, the court denied defendant’s motion to withdraw the plea and sentenced defendant to state prison for the middle term of three years with the one-year enhancement, for an aggregate sentence of four years. On appeal, defendant asserts the court abused its discretion by denying his motion to withdraw his plea.

I

Initially, we observe that defendant has failed to abide by the requirements of Penal Code section 1237.5 (hereafter section 1237.5). Although the requirement of a certificate of probable cause has been abolished by a recent amendment to 1237.5, a verified statement demonstrating grounds for appeal is still…