P. v. Moten
On November 22, 2005, the Kern County District Attorney filed a complaint in superior court charging appellant Ricky Gene Moten, Jr. and codefendants Shaliquese Leftrich and Deondray McGregory as follows:
Count Ipersonally carrying a loaded and concealed firearm (Pen. Code, 12031, subd. (a)(2)(F)) for the benefit of a criminal street gang ( 186.22, subd. (b)(1)) (all defendants);
Count IIbeing an ex felon in possession of a firearm (Pen. Code, 12021, subd. (a)(1)) for the benefit of a criminal street gang ( 186.22, subd. (b)(1)) and with two prior prison terms ( 667.5, subd. (b)) (appellant only); and
Count IIIbeing an ex-felon in possession of ammunition (Pen. Code, 12316, subd. (b)(1)) (appellant only). Appellant contends the trial court abused its discretion by refusing to permit him to withdraw his pleas of nolo contendere.
The trial court is directed to designate in its minutes that counts II and III (substantive offenses and attendant special allegations) are dismissed without referring to such dismissal being conditional. In all other respects the judgment is affirmed.
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