P. v. Montes CA1/1
Defendant Erik Steven Montes pleaded guilty to felony attempted murder and admitted an allegation of personal infliction of great bodily injury and a gang enhancement. On appeal, defendant contends the trial court abused its discretion by denying his motion to withdraw his guilty plea because he presented clear and convincing evidence he was unduly and improperly influenced to accept the plea bargain. Defendant also argues the case must be remanded to allow defendant an opportunity to make a record for a later youthful parole suitability hearing under People v. Franklin (2016) 63 Cal.4th 261 (Franklin), a point conceded by the Attorney General. We remand the matter for limited further proceedings under Franklin, and otherwise affirm the judgment.
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