P.

P. v. Glass CA5

Good Law
Court of Appeal of CaliforniaMarch 4, 2013F064256California391 words

Opinion

Opinion

FACTS

At appellant’s preliminary hearing, Correctional Officer Daniel Gonzalez testified to the following: On April 8, 2010, at approximately 11:48 a.m., appellant, an inmate at Kern Valley State Prison, unleashed a string of profanities at Gonzales’s partner, Officer Trotta. Perceiving appellant’s statements as “threatening,” Trotta attempted to handcuff appellant, at which point appellant struck Gonzalez in the face with his fist.

DISCUSSION

Appellant, as best we can determine, argues that his right to the effective assistance of counsel was violated because trial counsel (1) “failed to present” a defense of not guilty by reason of insanity, (2) “erroneously and deceptively persuaded” appellant to plead no contest, and (3) failed to conduct plea negotiations in the presence of the trial court and court clerk. It is well established that “where ineffective assistance of counsel results in the defendant’s decision to plead guilty [or no contest], the defendant has suffered a constitutional violation giving rise to a claim for relief from the guilty plea.” (In re Alvernaz (1992) 2 Cal.4th 924, 934.) In order successfully to challenge a plea of guilty or no contest on the ground…

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