P. v. Alexander
Filed 1/9/07 P. v. Alexander 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
(Yuba)
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| THE PEOPLE, Plaintiff and Respondent, v. GUS ALEXANDER, Defendant and Appellant. | C051499 (Super. Ct. No. CRF05352) |
Defendant Gus Alexander entered a negotiated plea of guilty to conspiracy to commit first degree robbery, and admitted that he acted in concert with two or more other persons and that he personally used a firearm. He was sentenced to an aggregate term of 16 years in prison.
On appeal, after having obtained a certificate of probable cause, defendant claims the trial court abused its discretion in denying his motion to withdraw his plea. We disagree and shall affirm the judgment.
BACKGROUND
On May 28, 2005, a group of about 12 people, including Kenneth Williams, Jason Taylor, and some children, were camping in Yuba County.
Williams had invited Erica Colbert to join them. Colbert told defendant and codefendant Royce Lavell Johnson about where the camping would take place and how much money some of the campers would have with them, and then drove them to the campsite.[1]
Upon arriving there, Johnson pushed Williams out of his wheelchair, breaking Williams' hip in two places. After unsuccessfully trying to take two rings from Williams' hands, Johnson got angry and demanded that Williams give the rings to him. Williams complied.
Armed with a gun, defendant opened Taylor's tent, pointed the gun at Taylor's face, and demanded all of his money. Taylor handed over $600 from his right pants pocket. Defendant then gave the gun to Johnson, reached into Taylor's other pocket, and removed $800. Getting the gun back, defendant grabbed a bag containing â€
