P. v. Colvin
Defendant Quadair Tyshawn Colvin appeals following a guilty plea to one felony count of driving under the influence of alcohol with a blood-alcohol level of 0.15 or more, causing great bodily injury, and two related misdemeanor counts and various allegations. His original guilty plea, to one misdemeanor count of driving under the influence, was set aside on motion of the prosecution after the prosecutor belatedly realized that one victim, Ann G., had suffered a serious injury, specifically a broken arm.
After the motion was granted, the prosecution filed a first amended complaint, charging defendant with, among other charges, three felony counts of driving under the influence while having a blood-alcohol level in excess of 0.15 percent, causing bodily injury to two victims and causing great bodily injury to one victim. (Veh. Code, §§ 23153, subds. (a), (b), 23578, counts 1-3; Pen. Code, §§ 12022.7, subd. (a), 1192.7, subd. (c)(8), counts 1 & 2.) Defendant ultimately pleaded guilty to one felony and two misdemeanors. (Further details of the first amended complaint and the plea are set forth below.)
Defendant now seeks either to have his original misdemeanor plea reinstated or his second guilty plea vacated because the second plea was not knowing, intelligent and voluntary due to ineffective assistance of counsel, and because the trial court was without jurisdiction to enter the second plea because it lacked jurisdiction to vacate the original plea.
We will affirm the judgment in part and remand with directions.
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