People v. Acuna CA3

Filed 10/7/21 P. v. Acuna CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C091971

Plaintiff and Respondent, (Super. Ct. No. 18FE007045)

v.

DAVID ACUNA,

Defendant and Appellant.

Defendant David Acuna entered a no contest plea to second degree murder and admitted a prior murder conviction. Defendant later moved to withdraw his plea and the court denied the motion. On appeal, defendant contends the trial court abused its discretion when it denied the motion to withdraw the plea. We will affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant, an inmate at California State Prison, Sacramento, strangled and killed his cellmate. The prosecution charged defendant with murder…