P. v. Cuellar CA5
In May 2013, appellant Joseph Cuellar entered a negotiated change of plea to resolve this criminal matter. He pleaded no contest to three charges: (1) felony improper handling of hazardous waste (Health & Saf. Code, § 25189.6, subd. (a); count 3); (2) felony diversion of construction funds (Pen. Code, § 484b; count 42); and (3) felony willful failure to file payroll taxes (Unemp. Ins. Code, § 2117.5; count 49). He received an aggregate prison term of three years eight months, which was to run concurrently to a related federal prison sentence.
After entering his negotiated plea agreement in this matter, appellant hired new counsel, who filed a motion to withdraw the plea. The trial court denied that motion. Appellant’s only claim on appeal is that the trial court abused its discretion in denying his motion. He contends his pleas were not knowing, intelligent and voluntary. We discern no abuse of discretion and affirm.
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