P. v. Trotter
Defendant pleaded guilty to one count of robbery (Pen. Code, 211) and admitted suffering a prior conviction constituting both a serious felony ( 667, subd. (a)(1), 668, 1192.7, subd. (c)) and a strike under the "Three Strikes" law ( 667, subds. (b)-(i), 668, 1170.12) under a plea agreement in which he acknowledged possible maximum punishment of 15 years in state prison as well as a specified fine and parole. Before his sentencing hearing, Trotter unsuccessfully moved to withdraw his guilty plea on grounds he entered his plea out of fear, ignorance, and coercion by his codefendants, and he was later sentenced to an 11-year prison term. On appeal, Trotter contends the trial court abused its discretion in denying his motion because he presented clear and convincing evidence that his "package" plea was coerced by his codefendants. Because we conclude the undisputed evidence showed that Trotter was threatened by one of his codefendants during the plea negotiations, and the trial court's reasoning on Trotter's motion did not address those threats or carefully consider the issue of coercion, Court reverse the judgment with directions that the court grant Trotter's motion to withdraw his guilty plea.
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