P. v. Medina
Appellant Norberto Medina pled no contest to second degree robbery, pursuant to a plea bargain, and thereafter tried unsuccessfully to withdraw the plea. He appealed. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) raising no issues. Appellant was notified that he could file his own supplemental brief and has done so. He also filed, in propria persona, a petition for writ of habeas corpus, In re Medina, No. B202061 (hereafter the writ petition). We will consider the writ petition along with the appeal. Appellant was charged with carjacking, a serious felony (count 1); possession of a firearm by a felon (count 2); and possession of ammunition by a person who is prohibited from possessing a firearm (count 3). A 2001 conviction for robbery was alleged as a prior strike and for the purpose of sections 667, subdivision (a)(1) and 667.5, subdivision (b).
On January 19, 2007, the court heard appellants motion to withdraw the plea. His counsel explained that appellant wanted to have a jury trial because he believed he was guilty of no more than joyriding. After hearing argument, the court found that the plea was valid because it fell within an exception of section 1192.7, as the jury might have convicted appellant of joyriding. It further ruled that appellant did not have the right to change his mind after accepting the plea. Appellant was then sentenced to the nine year prison sentence specified in the plea with credit for time served. The remaining allegations were dismissed. This appeal followed.
The judgment is affirmed.
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