P. v. Eldridge
Defendant and appellant Kim Durelle Eldridge was charged by information with three counts of petty theft with a prior conviction (Pen. Code, §§ 666, 484, subd. (a), counts 1-3)[1] and three counts of second degree commercial burglary (§ 459, counts 4-6). It was further alleged that defendant had one prior strike conviction (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)) and that he had suffered six prior prison convictions (§ 667.5, subd. (b)). Pursuant to a plea agreement, defendant pled guilty to count 1 and admitted the prior strike conviction. The trial court sentenced him to 32 months in state prison, as agreed upon. After being sentenced, defendant wrote a letter to the trial court seeking to withdraw his plea. The trial court declined to appoint counsel to represent defendant and stated that the matter should be referred to his appellate counsel.
On appeal, defendant contends he was deprived of his right to assistance of counsel when the trial court failed to appoint counsel to represent him in a motion to withdraw his plea after judgment, by way of a writ of error coram nobis. We affirm.
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