P. v. Ervin
Filed 3/29/06 P. v. Ervin CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Amador)
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| THE PEOPLE, Plaintiff and Respondent, v. ROBERT ERVIN, Defendant and Appellant. | C048727
(Super. Ct. No. 04-CR-5140)
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Pursuant to People v. West (1970) 3 Cal.3d 595, defendant Robert Ervin entered a negotiated plea of guilty to possession of heroin in a prison (Pen. Code, § 4573.6)[1] and admitted a strike prior in exchange for a stipulated six-year sentence and dismissal of the remaining counts and another strike prior.
After denying defendant's motion to withdraw his plea, the court sentenced defendant to state prison for the midterm of three years, doubled for the strike prior, consecutive to his current commitment.
Defendant appeals. Having obtained a certificate of probable cause (§ 1237.5), he contends the trial court erred in denying his motion to withdraw his plea. We disagree and will affirm the judgment.
Facts and Procedural History
At the time of the current offense, defendant was in state prison as a result of a carjacking conviction. On March 2, 2003, during a visit in the prison visiting room, defendant moved to the vending machines, an area considered â€
