People v. Kivett CA3

discussion with counsel and [another judge]. And part of those conversations included some significant issues and concerns about credibility of some of the witnesses, including the victims. And their testimony is quite important to a number of charges.” Defense counsel added, among other things, that the preliminary hearing transcript was supposed to be the factual basis for the plea, but it appeared the police report was used instead. The trial court acknowledged the parties’ comments and noted Anthony “is someone who does have some significant criminal history, . . . that would pose some issues with regard to credibility.” The trial court stated it would tentatively follow the recommended sentence and scheduled a hearing on the motion to withdraw the plea. Defendant filed his first motion to withdraw the plea on October 18, which was denied following the hearing on February 6, 2020. That motion is not at issue in this appeal; thus the specifics of that motion are not recounted here. Defendant filed his second motion to withdraw the plea on March 19, 2020, when he was representing himself in pro. per. In his declaration accompanying that motion, defendant stated the grounds for…