People v. Cardenas CA2/6

Filed 11/24/14 P. v. Cardenas CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B255109 (Super. Ct. No. 2012035557) Plaintiff and Respondent, (Ventura County) v.

JONATHAN DAVID CARDENAS,

Defendant and Appellant.

Jonathan David Cardenas appeals an order denying a motion to withdraw 1 his plea as a Second Strike offender to attempted robbery (Pen. Code, §§ 664/211) with a prior serious felony conviction (§667. subd. (a)). The trial court sentenced appellant to seven years eight months prison but failed to strike an arming enhancement (§12202, subd. (b))(1)) and a prison prior enhancement (§ 667.5, subd. (b)) as agreed by the parties. We modify the…