People v. Majors CA1/5

Good Law
Court of Appeal of CaliforniaJune 30, 2022A163661California421 words

Opinion

Opinion

Simons, J.

BACKGROUND

In December 2020, appellant was charged by information with felony receipt of a stolen motor vehicle (Pen. Code, § 496d, subd. (a)). According to the preliminary hearing testimony, appellant attempted to register a stolen vehicle; appellant claimed he purchased the vehicle, but neither the seller nor the sale amount stated by appellant matched the bill of sale. In April 2021, appellant pled no contest to misdemeanor receipt of a stolen motor vehicle pursuant to a plea agreement by which appellant would be sentenced to time served with probation and a warrantless search and seizure condition. In May 2021, appellant filed a motion to withdraw his plea on the ground that his attorney coerced him into pleading no contest. At an evidentiary hearing, appellant, represented by new counsel, testified his prior attorney told him the plea agreement was in appellant’s best interest because of his “extensive” criminal history, and “made it sound like [the plea agreement] was a better deal than if I went to court.” Appellant’s prior attorney testified he did not imply appellant’s entire criminal history would be presented to the jury and/or appellant would definitely be convicted…

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