Gonzalez

People v. Gonzalez

Good Law
13 Cal. App. 4th 707·16 Cal. Rptr. 2d 635·1993 Cal. App. LEXIS 144·93 Cal. Daily Op. Serv. 1156
Court of Appeal of CaliforniaFebruary 18, 1993B051731California2,505 words

Opinion

Opinion

Woods, J.

Pursuant to a plea bargain with the district attorney, approved by the trial court (Pen. Code, § 1192.5), appellant pleaded guilty to second degree murder (§ 187) and admitted a gun-use allegation (§ 12022.5). The plea bargain specified a 15-year-to-life sentence, the admitted gun-use allegation to be stayed by the trial court. In accordance with the plea bargain, on January 4, 1990, the trial court sentenced appellant to a 15-year-to-life state prison term. This appeal followed. (§ 1237.5.)

Appellant urges seven grounds for reversal, including an inadequate factual basis for his guilty plea and ineffective assistance of counsel. We find all of his contentions either without merit or not cognizable. We affirm the judgment.

Discussion

1. Section 1237.5 appeal: limited review

As here applicable, section 1237.5 provided: “No appeal shall be taken by a defendant from a judgment of conviction upon a plea of guilty . . .except where the defendant has filed as part of the notice of appeal a written statement, executed under oath or penalty of perjury showing reasonable constitutional, jurisdictional, or other grounds going to the legality of the proceedings.” (Italics…

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