Brown

People v. Brown

Good Law
175 Cal. App. 4th 1469·2009 Cal. App. LEXIS 1224·97 Cal. Rptr. 3d 327·2009 WL 2238659
Court of Appeal of CaliforniaJuly 28, 2009C059314California1,011 words

Opinion

Opinion

Nicholson, J.

After pleading no contest to possession of cocaine base for sale, defendant Orione C. Brown sought to withdraw his plea. His attorney did not make a motion to withdraw the plea, as he found there was not good cause for such a motion. Defendant now appeals his conviction, contending the court erred in not requiring counsel to move to withdraw defendant’s plea. We affirm.

PROCEDURAL HISTORY

On September 24, 2007, defendant was charged with possession of cocaine base for sale and with unlawfully identifying himself as a police officer.

On October 1, 2007, defendant pled no contest to the possession charge. The parties stipulated to the low term of three years and the other charge was dismissed. Counsel advised the court that she and defendant had discussed the elements of the crime and any possible defenses, counsel had explained defendant’s rights, and had explained the direct consequences of a no contest plea. She was confident defendant understood those things and defendant affirmed he understood.

Some two months later, prior to sentencing, defendant informed the court he wanted to withdraw his plea. As the basis for this motion, defendant indicated he “didn’t have…

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