P. v. Reyes CA2/6
Appellant Jorge Reyes was charged with robbery (Pen. Code, § 211), assault with a deadly weapon (§ 245, subd. (a)(2)), and criminal threats (§ 422, subd. (a)), with gun use (§§ 12022.5, subd. (a), 12022.53, subd. (d)) and great bodily injury (§ 12022.7, subd. (a)) allegations.
Pursuant to a plea agreement, appellant waived his trial rights, pled guilty to the robbery charge and admitted the gun use allegation. The parties agreed to a twelve-year prison sentence.
Prior to sentencing, appellant sought to withdraw his plea on the basis of ineffective assistance of counsel. He claimed his prior counsel failed to do an investigation, and that subsequent counsel’s investigation supported a defense of accidental shooting.
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