People v. Wilson CA6

I. INTRODUCTION

Defendant John Keith Wilson pleaded no contest to 21 counts of lewd conduct upon a child under 14 (Pen. Code, § 288, subd. (a)).1 Following a court trial, defendant was found guilty of one additional count of lewd conduct upon a child under 14. After the court denied defendant’s motion to withdraw his pleas, the court sentenced him to 50 years in prison. On December 21, 2012, this court reversed the judgment and remanded the matter for further hearing on defendant’s motion because the trial court did not clearly resolve the factual conflict of whether defendant’s pleas were voluntary. (People v. Wilson (Dec. 21, 2012, H037600) [nonpub. opn.] (Wilson I).)

1 All further unspecified statutory references are to the Penal Code. 2 By order of December 6, 2013, we have taken judicial notice of the record on appeal in Wilson I, supra, No. H037600. Following issuance of the remittitur, a different judge reviewed the record and held a further hearing, as the original judge had since retired. The court on remand denied the motion. In this second appeal, defendant contends that the trial court on remand abused its discretion in denying the motion because the court did not…