P. v. Gustafson CA3
Defendant Andrew Paul Gustafson appeals from a judgment entered following his negotiated pleas of no contest to arson of another’s property in case No. 19F3790 and vandalism causing over $400 in damage in case No. 20F5636. As to the latter case, defendant admitted a prior strike allegation based on the former. The trial court sentenced defendant to a stipulated total term of four years in prison in case No. 20F5636 and a concurrent three year upper term in case No. 19F3790. On appeal, defendant contends: (1) the trial court abused its discretion in denying his motion to withdraw his no contest plea in case No. 19F3790, and (2) alternatively, he must be resentenced under Senate Bill No. 567 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 731) (Senate Bill No. 567). We conclude the trial court did not abuse its discretion in denying his motion to withdraw his no contest plea in case No. 19F3790.
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