People v. Clayton CA1/1

BACKGROUND

Defendant was charged in a second amended complaint with seven counts of second degree robbery (Pen. Code,2 § 211), and one count of attempted second degree

1 The facts are taken from the probation report. 2 All statutory references are to the Penal Code. robbery (§§ 664/211). The complaint also alleged defendant was armed in the commission of those offenses. (§ 12022, subd. (a)(1).) On April 28, 2014, pursuant to a negotiated agreement, defendant entered a plea of no contest to count one, second degree robbery, in exchange for a sentence of three years in state prison. The balance of the complaint was dismissed. Several months later, however, defendant filed a motion to withdraw his plea of no contest, asserting he “did not understand with precision all that was entailed in the disposition because he was excited and nervous” about the commencement of the preliminary hearing. Finding no good cause to allow defendant to withdraw his plea, the court denied defendant’s motion and sentenced him to three years in state prison.

DISCUSSION

Defendant’s notice of appeal challenges the denial of his motion to withdraw his plea of no contest. Section 1018 permits the…