P. v. Mendez CA2/8
Pursuant to a plea bargain, Luis Mendez entered a no contest plea to assault with a firearm (Pen. Code, § 245, subd. (a)(2); count 4) and admitted the gang allegation (§ 186.22, subd. (b)(1)(B)) and the allegations that he had suffered a strike under the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and he had served two prior prison terms (§ 667.5, subd. (b)).
After entry of his plea, defendant submitted an unsigned letter seeking withdrawal of his plea. The trial court noted the letter was not made under penalty of perjury and was “not in the form of a motion.” Defendant argued his plea had been induced by the prosecutor’s threat to add a new charge under section 246, plus a gang allegation, increasing his possible sentence by 15 years to life. The court explained this was simply an advisement of his potential punishment exposure and noted his codefendant had been acquitted in the interim. The court denied defendant’s request for lack
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