P. v. Hogan
Filed 4/5/06 P. v. Hogan CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. MARCO HOGAN, Defendant and Appellant. |
F047518
(Super. Ct. No. 1025468)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Stanislaus County. David G. Vander Wall, Judge.
Richard D. Miggins, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, J. Robert Jibson and Janine R. Busch, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
Appellant, Marco Hogan, pled guilty to attempted voluntary manslaughter (Pen. Code, §§ 664/192) and admitted two prior prison term enhancements (Pen Code, § 667.5, subd. (b)) and allegations that he had a prior strike within the meaning of the three strikes law. On appeal, Hogan contends the court abused its discretion when it denied his motion to withdraw his plea. We will affirm.
FACTS
On July 12, 2001, the Stanislaus County District Attorney filed an information charging Hogan with three counts of premeditated attempted murder and one count each of attempted arson of a structure and removing a telephone line. The complaint also alleged a serious felony enhancement, three prior prison term enhancements and that Hogan had a prior conviction within the meaning of the three strikes law.
On October 22, 2001, following Hogan's waiver of a jury trial, the court conducted a bench trial on the charges. The prosecution evidence showed that on June 12, 2001, after arguing with his girlfriend, Marie Wilson, Hogan left her house at approximately 9:00 p.m. At approximately 5:00 a.m., Wilson was awakened by a knocking on her bedroom window. Wilson smelled gas so she ran to the kitchen and discovered that all the burners on the stove and in the oven were on, but unlit. Wilson then woke her two children, opened some windows, and attempted to use the telephone but found that the line was cut and the electricity was off. As Wilson ran to a neighbor's house to call police, she encountered Hogan outside her front door. Hogan stated, â€
