Knight

Appellants Knight and Washington appeal from judgments of conviction of one count of oral copulation in concert (Pen. Code, § 288a, subd. (d)). 1 They contend the trial court erred in denying their motions to withdraw pleas of guilty (§ 1018). Knight also filed a petition for habeas corpus, which this court ordered to be considered concurrently with this appeal, alleging the same issues.

We find that appellants have failed to demonstrate the trial court abused its discretion in denying their motions, and affirm the judgment.

Facts

October 25, 1985, appellants were housed at El Paso De Robles School, a Youth Authority facility. At approximately 3 p.m., Mark H. was painting alone near the laundry room when appellants entered. They lived in San Simeon Cottage with Mark and approximately 50 others and although he did not know them by name, he knew them by sight.

Washington approached Mark and told him to orally copulate Knight. When Mark refused, Washington struck him in the eye. Mark continued to refuse, and both appellants struck him. Knight threatened to kill him. Both appellants attempted to choke Mark with rolled towels, stopping only when he finally acquiesced to…