People v. Leal CA5

INTRODUCTION

On May 1, 2013, appellant Michael Daniel Leal entered a plea of no contest to first degree burglary (Pen. Code, § 460, subd. (a))1 and a misdemeanor count of violating section 647.6, annoying or molesting a child under 18 years of age. He also admitted prior conviction, prior prison term, and prior strike enhancements. In exchange for his plea and stipulating to a 14-year prison sentence, several other serious felony counts were dismissed. The following month Leal sought to withdraw his plea. That motion was denied and Leal was sentenced in accordance with the plea. We review this appeal pursuant to People v. Wende (1979) 25 Cal.3d 436.

FACTUAL AND PROCEDURAL SUMMARY

An information was filed against Leal on September 18, 2012. The information charged Leal with (1) first degree burglary, in violation of section 460, subdivision (a); (2) attempted lewd act on a minor under 14 years of age, in violation of sections 664 and 288, subdivision (a); (3) criminal threats, in violation of section 422, with a section 12022, subdivision (b)(1) enhancement; (4) assault with a deadly weapon, in violation of section 245, subdivision (a)(1); and (5) lewd act upon a minor under 14…