P.

P. v. Eisenberg CA2/3

Good Law
Court of Appeal of CaliforniaApril 17, 2013B237867California4,348 words

Opinion

Opinion

Kitching, J.

DISCUSSION

The Trial Court Properly Denied Appellant’s Motion to Withdraw Her Plea. 1. Pertinent Facts. a. The Felony Complaint. Count 4 of the felony complaint filed in April 2011 in this case alleged that on or about March 30, 2011, appellant possessed for sale a controlled substance (cocaine) in violation of Health and Safety Code section 11351. The complaint also alleged that on or about March 30, 2011, Cruz1 committed two counts of discharge of a firearm with gross

1 Cruz is not a party to this appeal. 2 negligence (Pen. Code, § 246.3, subd. (a); counts 1 & 2), possession of a controlled substance (cocaine) with a firearm (Health & Saf. Code, § 11370.1, subd. (a); count 3) and possession of a controlled substance (cocaine) for sale (Health & Saf. Code, § 11351; count 4). Count 4 joined appellant and Cruz as codefendants. b. Appellant’s June 26, 2011 Letter. The record contains a copy of a purported letter signed by appellant, dated June 26, 2011. The unsworn letter is written “To whom it may concern.” (Appellant apparently wrote the letter to Deputy Public Defender John Montoya (discussed post), who represented appellant in this case on June 20, 2011.) The letter reflects…

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