P. v. Ayala
Defendant pled guilty to attempted murder (Pen. Code, 664, 187, subd. (a), count 1) and carjacking ( 215, subd. (a), count 4).1 He also admitted that he personally used a firearm in the commission of the attempted murder ( 12022.53, subd. (b)) and that he committed the attempted murder to benefit a criminal street gang ( 186.22, subd. (b)(1)(C)). Pursuant to a plea bargain, defendant was sentenced to 25 years in state prison.
On appeal, defendant contends that the trial court abused its discretion by denying his motion to withdraw his guilty plea. If this court determines defendant waived his right to appeal the denial of his motion due to a failure to preserve it for appellate review, then defendant contends, in the alternative, that he was denied effective assistance of counsel. Defendant also contends that the abstract of judgment needs to be corrected to reflect that he did not plead guilty to first degree attempted murder.
The superior court clerk is directed to correct the abstract of judgment to reflect that defendant did not plead guilty to first degree attempted murder in count 1; rather, that he pled guilty to attempted murder that was not willful, deliberate, and premeditated. The superior court clerk shall forward a corrected copy of the abstract of judgment to the Department of Corrections and Rehabilitation. In all other respects, the judgment is affirmed.
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