People v. Barrera CA4/1

California Court of Appeal Oct 7, 2024 No. D083061Unpublished

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Holding. The trial court did not abuse its discretion in denying the defendant's request for a continuance to retain private counsel, as the request was untimely and the defendant failed to demonstrate he had taken any steps to secure such counsel. Furthermore, any potential error was harmless because the record indicated the defendant's guilty plea was entered freely and voluntarily, providing no basis for withdrawal.

Issues

Did the trial court abuse its discretion by denying a motion to continue sentencing to allow the defendant to retain private counsel?
Was the denial of the continuance request prejudicial to the defendant?

Disposition. Affirmed

Quotations verified verbatim against the opinion

“the court’s denial of defendant’s motion to continue sentencing was not an abuse of discretion.”

“the trial court’s denial of his request for a continuance was not an abuse of the court’s discretion.”

“Because Barrera had no basis to withdraw his plea, the trial court’s decision to deny the requested continuance did not prejudice him.”

Filed 10/7/24 P. v. Barrera CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083061

Plaintiff and Respondent,

v. (Super. Ct. No. SCD298571)

JUAN MANUEL BARRERA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Dwayne K. Moring, Judge. Affirmed. Patrick M. Ford, under appointment by the Court of Appeal, for the Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Christopher P. Beesley and Kristen K. Chenelia, Deputy Attorneys General.

Juan Manuel Barrera pleaded guilty to unlawful possession of a controlled substance while serving time for a prior conviction. Barrera was sentenced to two years in prison in accordance with a plea deal. On appeal

from the judgment of conviction, Barrera asserts the trial court abused its discretion by failing to grant a continuance so he could retain private counsel and attempt to withdraw his guilty plea. In response, the Attorney General argues the court properly denied the continuance because the request was untimely, the prospect whether Barrera could retain private counsel was purely speculative, and any motion to withdraw his plea would be baseless. For reasons we explain, we conclude that the court’s denial of defendant’s motion to continue sentencing was not an abuse of discretion. Therefore, we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND Barrera was serving a 24-year sentence for attempted murder when jail officials found Suboxone strips, a controlled substance, in his underwear. On April 10, 2023, he was charged with possession of a controlled substance in jail. The court appointed the public defender’s office to represent him. The following month, Barrera executed a waiver of right to counsel. Two months later, he terminated his pro per status and requested the trial court reappoint his public defender. The public defender was reappointed, and subsequently provided documentation of Barrera’s Suboxone prescription to the district attorney. On July 19, 2023, Barrera pleaded guilty to possession of a controlled substance in jail (Pen. Code, § 4573.6) and admitted a strike prior (id., §§ 667, subds. (b)–(i), 668.). Following Barrera’s plea, and prior to

People v. Barrera CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083061

JUAN MANUEL BARRERA,

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