P. v. Horton

Filed 2/16/07  P. v. Horton CA5

NOT TO BEPUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court,rule 977(a), prohibits courts and parties from citing or relying on opinionsnot certified for publication or ordered published, except as specified by rule977(b).  This opinion has not been certified for publication or orderedpublished for purposes of rule 977.

IN THE COURT OFAPPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATEDISTRICT

THE COURT^*

            APPEAL from a judgment of the Superior Court of Tulare County.  JamesW. Hollman, Judge.

            David F. Candelaria, for Defendant and Appellant.

            Bill Lockyer,Attorney General, Mary Jo Graves, Chief Assistant Attorney General, MichaelP. Farrell, Senior Assistant Attorney General, Carlos A. Martinez and Marcia A.Fay, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

INTRODUCTION

            Joseph Horton appeals from a sentence imposedfollowing a conviction based upon a plea of no contest.  He contends that thetrial court erred in denying his motion to withdraw his plea based upon ineffective assistance of counsel.  Weaffirm.

STATEMENT OF THECASE

On July 22, 2005, the districtattorney of Tulare County filed a felony complaint in Tulare County SuperiorCourt, case No. F-05-2010-1, charging Horton with one count of indecentexposure with a prior (Pen. Code, § 314, subd. 1).^[1]  OnJuly 27, 2005, Horton was arraigned and he entered a plea of not guilty.  Thepublic defender of Tulare County was appointed to represent Horton. 

On August 24, 2005, Horton entereda plea of no contest to count 1 on the condition that he receive no more than365 days in custody and that he register as a sex offender pursuant to section290.  Prior to Horton entering his plea, defensecounsel informed the court that Horton had some â€