Valdez

Defendant and appellant Alberto Valdez appeals from a judgment of conviction following a certified guilty plea in municipal court to the sale of cocaine and an admission of a prior narcotics-related conviction. Defendant contends the superior court acted in excess of its jurisdiction when it denied his motion to withdraw his guilty plea, instead of remanding the matter to the municipal court for a hearing on the motion, as required by Penal Code section 859a. We conclude the provisions of section 859a, concerning motions to withdraw guilty pleas, are mandatory, but not jurisdictional. Consequently, since defendant did not ask the superior court to have his motion heard in municipal court, defendant has waived his right to assert this error on appeal. Moreover, defendant has failed to establish any prejudice resulting from the failure to refer the motion to the municipal court. We affirm.

Procedural Background

On March 17, 1994, defendant was charged by felony complaint with the sale of cocaine in violation of Health and Safety Code section 11352, subdivision (a). It was further alleged that defendant had suffered certain narcotics-related prior offenses within the…