P. v. Esquivel
Facing several felony charges, defendant Tony Esquivel pleaded no contest to the felonies of preventing or dissuading a victim (Pen. Code, 136.1)[1] and inflicting corporal injury on a cohabitant ( 273.5). In exchange, other charges were dropped. After defendants motion to withdraw this plea was denied, the court sentenced defendant pursuant to the bargain. Imposition of sentence was suspended for three years, and defendant was placed on probation with a variety of conditions, including paying several fees, avoiding the victim, not contacting her, attending 52 weeks of domestic violence classes, and spending 365 days in custody.
Defendant has appealed after obtaining a certificate of probable cause. He contends that his motion to withdraw his plea should have been granted because his attorney did not advise him that dissuading a witness was a strike with consequences under the Three Strikes statutes for future sentences. He also asserts that his trial attorneys were incompetent, first in inadequately advising him, second in making an inadequate motion to withdraw his plea. Shortly before oral argument in this appeal, defendant also filed a habeas corpus petition amplifying his allegations of attorney incompetence. Court ordered this petition to be considered together with this appeal and resubmitted the cause upon completion upon habeas briefing. For the reasons stated below, Court reject these contentions and affirm the judgment. Court dispose of the habeas petition by separate order.
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