People v. Duval CA3

BACKGROUND

Defendant pleaded no contest to second degree murder and admitted personally using a firearm in the commission of the murder. According to the factual basis for the plea, on January 6, 1993, defendant intentionally killed Terry Boyds with a firearm. Defendant agreed with the factual basis. Among other things, there was evidence at the preliminary hearing that defendant acquired a gun, shot Terry Boyds, and that Boyds died from multiple gunshot wounds. A witness said defendant admitted shooting Boyds but that another individual named Bechtell also claimed to have killed Boyds. Represented by new counsel, defendant subsequently sought to withdraw his no contest plea on the grounds that his former counsel was not prepared for trial and that defendant had understood he could enter a no contest plea but still continue to build a defense and ask the Court of Appeal for a trial. Defendant presented evidence of additional statements that Bechtell confessed to killing Boyds. The trial court denied the motion to withdraw the plea, finding insufficient evidence that defendant did not understand what he was doing when he entered his plea. The trial court sentenced

2 defendant to…