P.

P. v. Kirkwood CA2/1

Good Law
Court of Appeal of CaliforniaMay 1, 2013B244816California506 words

Opinion

Opinion

Rothschild, J.

facts and procedural history of the case, the crimes of which the appellant was convicted, the punishment imposed and appellant’s contentions on appeal. (People v. Kelly (2006) 40 Cal.4th 106, 110.) The complaint charged appellant with two counts of second degree burglary. Only Count 2 alleged that appellant used a firearm in the commission of the crime. Pursuant to a plea bargain, appellant pleaded “no contest” to Count 2 of the complaint and admitted personally using a gun in the crime as alleged in that count. Count 1 was dismissed. At the sentencing hearing appellant moved to withdraw his plea claiming that it was based on misinformation from his appointed counsel regarding the facts of the case. He also claimed that he thought he was pleading to Count 1 of the information which did not allege a gun use enhancement instead of Count 2 which did. The court denied the motion. The court sentenced appellant to the midterm of three years and a consecutive 10 years for the gun use under Penal Code section 12022.53, subdivision (b). Appellant filed a notice of appeal claiming that “I didn’t know what [no contest] meant[.]” The court granted a certificate of probable cause. After…

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