P. v. Solis CA2/8
Almost 16 years after pleading guilty, Esther Solis sought to vacate her plea under Penal Code section 1192.5. On appeal, it is not disputed that section 1192.5 applies only to felonies and that Solis pled no contest to a misdemeanor. The trial court reached that conclusion and found that Solis’s declaration conflicted with provisions in her signed plea agreement and was not credible. On appeal, Solis argues that the Supreme Court’s recent case of People v. Patterson (2017) 2 Cal.5th 885 (Patterson) requires reversing the denial of Solis’s motion to vacate her plea. Patterson, however, concerned a motion under section 1018, which is timely only if brought within six months of judgment or of a suspended sentence. Solis fails to show she preserved the only issue on appeal. And, in any event Patterson and section 1018 do not apply to this case. We affirm the order denying Solis’s petition to vacate her plea.
Comments on P. v. Solis CA2/8