Pastrano

Defendant, Jose Luis Pastrano, was charged with murder pursuant to Penal Code section 187, subdivision (a). 1 Three codefendants were charged with accessory after the fact (§ 32), and one codefendant was also charged with possession of a controlled substance pursuant to Health and Safety Code section 11377, subdivision (a). It was also alleged that defendant personally used a handgun in the commission of the murder. (§ 12022.5, subd. (a).)

On April 25, 1995, pursuant to a plea agreement, defendant pled guilty to second degree murder and admitted the firearm allegation. He later made a motion to withdraw his plea; however, on June 14, the trial court denied the motion. Subsequently, defendant was sentenced to a total term of 20 years to life in state prison.

On August 4, 1995, defendant appealed the judgment and requested a certificate of probable cause. The trial court denied defendant’s request on August 17. However, defendant renewed his request for a certificate of probable cause on November 29, and on January 25, 1996, the trial court granted defendant’s request.

On appeal, defendant challenges the validity of his plea on the ground that there was a conflict of…