People v. Williams

We affirm an order denying appellant David Lee Williams’s motion to withdraw his no contest plea. His motion, which was made after *1287 entry of judgment, was not timely under Penal Code section 1018. 1 His argument that he had six months to file a motion to withdraw his plea is inconsistent with section 1018.

FACTS

On August 5, 2010, appellant was charged with one count of petty theft with a prior in violation of section 666. It was alleged that he suffered prior convictions including a prior theft-related conviction. On the same day, he pled no contest to the petty theft with a prior and admitted the prior theft-related conviction. Also on August 5, the court imposed a three-year prison sentence, suspended the execution of sentence, and placed appellant on formal probation.

On December 16, 2010, appellant moved pursuant to section 1018 to withdraw his no contest plea. He argued that he should be allowed to take advantage of an amendment to section 666, which inured to his benefit. The court denied the motion and issued a certificate of probable cause for appeal.

DISCUSSION

It is undisputed that the Legislature amended section 666 in September 2010 in a manner that…