People v. Armendariz CA4/2

STATEMENT OF THE CASE

On April 21, 2021, a felony complaint charged defendant with “sale/offer to

sell/transportation of a controlled substance” under Health and Safety Code section

11379, subdivision (a) (count 1); and with “possession for sale of a controlled substance”

under Health and Safety Code section 11378 (count 2).

On September 20, 2021, defendant pled no contest to count 2, a violation of

Health and Safety Code section 11378. Thereafter, the court dismissed count 1. The

court sentenced defendant to the low term of 16 months, and awarded 14 days of conduct

credits.

On October 1, 2021, defense counsel filed a request for the matter to be

calendared, “For: Withdraw Plea.” Thereafter, on October 4, 2021, defense counsel filed

a notice of appeal challenging “the validity of the plea or admission” with the trial court.

In the request for certificate of probable cause, defendant stated that she was not in the

“right state of mind” when she entered her no contest plea. Defendant’s notice of appeal

was filed by the trial court on October 6, 2021. That day, the court denied defendant’s

request for a certificate of probable cause. In the order, the court wrote:…