P. v. Guillory
On the day set for trial, defendant Phillip Guillory pleaded no contest to a count of inflicting corporal injury on a cohabitant (with an enhancement for personally inflicting great bodily injury) and admitted recidivist allegations. The total prison term was to be 12 years.
On the date set for imposition of sentence, defense counsel stated that the defendant was interested in withdrawing his plea. Defense counsel had explained there is a narrow legal standard for such a motion, but the defendant wanted the opportunity to consult with another attorney whom he had contacted. The other attorney addressed the court, requesting a continuance of one day to speak with the defendant on the issue. The trial court stated that it would proceed with sentencing; if the defendant were to retain the attorney and, after conferring with the defendant, the attorney wanted to file some motion based on grounds to recall the sentence, it would be willing to entertain the motion. The other attorney noted that there was new evidence in the form of an affidavit from the victim that she had fabricated her account. The court noted there was independent corroborative evidence and it did not find a recanting victim of domestic violence to be highly persuasive. The prosecutor also noted that the parties and the court took the victims inconsistencies into account in discussing the plea. The court then imposed sentence in accord with the negotiated disposition (despite the probation officers recommendation for a longer sentence).
The defendant filed his notice of appeal, but did not obtain a certificate of probable cause from the trial court. (Pen. Code, 1237.5.) We denied his request to deem that he had obtained the certificate, or to allow him leave to obtain one belatedly from the trial court.
The defendant contends on appeal that the denial of the continuance request from the defendants prospective attorney was the vehicle resulting in the denial of [his] right to counsel of his choice. Court dismiss the appeal.
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