P. v. Conner CA3
Defendant Donya Shannon Conner pleaded no contest to burglary and admitted a prior Nevada burglary conviction was a serious or violent felony under California law. On appeal, he contends there was insufficient evidence to support the true finding that the Nevada conviction is a serious felony under California law. While taking the plea, the trial court incorrectly indicated that defendant would retain the right to challenge this issue on appeal. Because defendant’s plea was improperly induced by the trial court’s assertion that he could challenge on appeal whether his foreign conviction was a strike, defendant must be given an opportunity to withdraw his plea. We reverse the judgment and remand with directions to give defendant an opportunity to withdraw his plea.
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