P. v. Mier CA2/4
Edgar Mier appeals from a denial of his motion to withdraw a plea of guilty to driving with a 0.08 percent blood alcohol concentration and causing injury. He contends the trial court erred in denying his motion to withdraw his plea because there was no factual basis for the plea. Alternatively, he contends his trial counsel was ineffective in advising him to accept the plea agreement without waiting for the results of a blood alcohol test. For the reasons set forth below, we conclude that the trial court properly denied the motion and that trial counsel was not ineffective. Respondent asks this court to correct the minute order to properly reflect the trial court’s oral pronouncement of sentence. We exercise our discretion to do so. Accordingly, we affirm the conviction and remand with directions to correct the minute order.
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