Avila

People v. Avila

Good Law
1994 Cal. App. LEXIS 455·24 Cal. App. 4th 1455·30 Cal. Rptr. 2d 138·94 Daily Journal DAR 6182·94 Cal. Daily Op. Serv. 3278
Court of Appeal of CaliforniaMay 5, 1994H011281California2,135 words

Opinion

Opinion

Mihara, J.

After pleading guilty to second degree murder, defendant Greg Avila moved to withdraw his plea on the ground that he had been misadvised regarding the length of the parole term he would be required to serve. Defendant appeals from the trial court’s denial of that motion, arguing that the court’s misadvisement violated an integral term of the plea agreement. We disagree and affirm the judgment.

Background

Because the issues raised in this appeal are essentially procedural, a detailed recital of the underlying facts is unnecessary. Defendant’s conviction arose from a confrontation with Isabol Lemus (referred to by witnesses as “Izzy”) over a carton of cigarettes. Witnesses saw defendant slapping Izzy and demanding money. Later police found Izzy fatally stabbed in the chest near the site of the confrontation. Eight years later, while being detained for being intoxicated in a public place (Pen. Code , § 647, subd. (f)), defendant told a police officer that he had killed “Izzy” five years earlier by slashing the victim’s throat. Unable to verify this information, the police officer released defendant. Two days later, however, another officer arrested defendant for the…

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