People v. Aldrete CA5

INTRODUCTION

Appellant and defendant Raul J. Aldrete entered into a negotiated disposition and was sentenced to eight years in prison. On appeal, he asserts the trial court should have granted his motion to withdraw his plea because the attorney who negotiated his plea agreement, and the attorney who represented him at the plea hearing, had conflicting interests with other clients, he did not knowingly and intelligently waive these conflicts, and the conflicts were prejudicial. We affirm.

FACTS1

Correctional Officers Garcia, Prieto, and Dominguez reported they were on duty in the recreation yard at Kern Valley State Prison on October 29, 2021, when they observed three inmates, identified as appellant Aldrete and codefendants Jonathon Pedraza and Richard Perez, attack inmate Luis Mariscal with what appeared to be weapons. Mariscal was lying on the ground in the fetal position and covering his head. The three suspects stood over Mariscal and were repeatedly striking his face and upper torso in downward, stabbing-type motions, with what appeared to be inmate-made weapons. The officers ordered all inmates in the yard to get down to the ground. Everyone complied except appellant,…