Cortez

People v. Cortez

Good Law
1997 Cal. App. LEXIS 423·55 Cal. App. 2d 426·55 Cal. App. 4th 426·64 Cal. Rptr. 2d 71·97 Daily Journal DAR 6850
Court of Appeal of CaliforniaMay 29, 1997F025016California1,779 words

Opinion

Opinion

Vartabedian, J.

Appellant Robert Cortez contends the court erred in not permitting him to withdraw his guilty plea prior to sentencing. He also raises several issues concerning the three strikes sentencing law, pursuant to which he was sentenced. (Pen. Code, § 667, subds. (b)-(i).) We reject his arguments; in the published portion of this opinion, we find a trial judge is not required to advise a defendant, upon his guilty plea, that the three strikes law limits his ability to earn conduct and work credits. We affirm the judgment.

Facts and Procedural History

On May 18, 1995, appellant had recently been released from prison and was living with the victim, G.C., and the couple’s 18-month-old child. Appellant had started working as a welder, a skill he learned in prison.

On the evening of May 18,1995, appellant took phencyclidine (PCP) and got into an argument with G.C. He pushed her to the floor. He kicked and punched her in the face and body. He hit her on the side of the head with a telephone or an answering machine. Later, appellant told G.C. he would beat her again if she would not have sexual intercourse with him. They had intercourse.

G.C. tried to call the police that evening,…

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