Aguirre

People v. Aguirre

Good Law
131 Cal. Rptr. 3d 785·199 Cal. App. 4th 525·2011 Cal. App. LEXIS 1224
Court of Appeal of CaliforniaSeptember 26, 2011No. B227019California1,269 words

Opinion

Lead Opinion

Rubin, J.

Richard Aguirre appeals from the trial court’s denial of his motion to withdraw his guilty plea to maintaining a residence for the purpose of selling cocaine. We affirm.

FACTS AND PROCEEDINGS

In March 2009, the People filed an information against appellant Richard Aguirre alleging he had possessed for sale cocaine base on February 16, 2009. The information also specially alleged he had served five prior prison terms. In July 2009, appellant entered into a plea bargain. Under the bargain, the People dismissed the possession-for-sale charge and the prior-prison-term allegations in return' for appellant’s agreement to plead guilty to one count of maintaining a residence for the purpose of selling cocaine, for which he would receive a low-term sentence of 16 months.

Appellant’s sentencing hearing was continued several times between entry of his plea in July 2009 and the sentencing hearing in August 2010. In the interim, a federal grand jury, which federal prosecutors had empanelled in June 2009, handed up a multiple-count indictment in September 2009 against numerous alleged members of the Avenues street gang, including appellant. The indictment charged appellant and…

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