People v. Taboada CA5

INTRODUCTION

On November 20, 2012, appellant Michael Francis Taboada was charged with three felony offenses. On December 4, 2012, Taboada pled no contest to one felony count, receiving stolen property, in exchange for dismissal of all other charges. On April 9, 2013, Taboada indicated he wished to withdraw his plea. Based upon Taboada’s allegations, the trial court interpreted the request as a motion pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden), and new counsel was appointed. New counsel filed a motion to withdraw the plea, which was denied. Taboada filed a notice of appeal on March 12, 2014. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. We will affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

Because no trial occurred, the facts are taken from documents in the record. Taboada’s codefendant, Lonny Leo Mitzel, worked for Room Xpress, a furniture store owned by Ralph Vo. Mitzel and Taboada were roommates and rented a room from Deborah Meverden. Mitzel would steal furniture from Room Xpress and bring it to Taboada and Mitzel’s residence. Taboada and Mitzel were paying their rent in the form of furniture, holding yard sales and…