People v. Newman CA5

BACKGROUND

On May 31, 2021, a Fowler police officer stopped defendant, who had many prior convictions, because the officer knew defendant did not have a valid driver’s license. Defendant was belligerent, and he resisted and struck the officer. Ammunition was found inside the vehicle he was driving. On June 17, 2021, the Fresno County District Attorney charged defendant with resisting an executive officer (Pen. Code, § 69;1 count 1), possession of ammunition by a person prohibited from owning a firearm (§ 30305, subd. (a)(1); count 2), misdemeanor resisting a peace officer (§ 148, subd. (a)(1); count 3), and driving a vehicle without a valid license (Veh. Code, § 12500, subd. (a), an infraction; count 4). On August 20, 2021, defendant pled no contest to count 1 pursuant to a negotiated plea agreement. Around December 10, 2021, defendant moved to withdraw his plea. 2 On December 10, 2021, the trial court denied the motion to withdraw the plea. The court suspended imposition of sentence and granted defendant probation for two years with 321 days in jail, and awarded that amount of credit for time served.

All statutory references are to the Penal Code unless otherwise noted.…