People v. Mortera

[863]

Opinion

FROEHLICH, J.

An information charged Adam Timothy Mortera with murder (Pen. Code,

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§ 187) with allegations he was armed with a firearm (§ 12022, subd. (a)(1)), personally used a firearm (§ 12022.5, subd. (a)) and caused the death of the victim as a result of discharging a firearm from a motor vehicle (§ 12022.55). Mortera pleaded not guilty and denied the allegations.

Mortera later withdrew his not guilty plea and pleaded guilty to second degree murder (§§ 187, subd. (a), 189). In exchange, the prosecution agreed to dismiss the balance of the information. After the court denied Mortera’s request to withdraw his guilty plea, it sentenced him to prison for an indeterminate term of 15 years to life; it ordered him housed at the California Youth Authority because he was under the age of 21 when he committed the crime; and it awarded him 337 days of actual custody credit plus 168 days of conduct credit for a total of 505 days.

On appeal, Mortera contends the court erred in (1) refusing to permit him, as a minor, to disaffirm his plea bargain contract under Civil Code section 35, and (2) calculating the amount of his presentence credits. We conclude the court properly denied Mortera’s motion to withdraw his guilty plea. We further conclude Mortera is entitled to additional presentence credits and accordingly affirm the judgment as modified.

Facts

About 12:40 a.m. on January 21, 1991, Mortera, Ramon Borboa and Raymond Carrasco were seen driving in a light-colored Mustang in Logan Heights. Borboa was driving, Mortera was in the front passenger seat and Carrasco was in the backseat behind the driver. Either Carlos Mendez or Cesar Ramos was the right rear passenger. The car circled the intersection of Martin and 30th streets several times. The fourth time it circled, Mortera fired a gun from the front passenger seat, killing Jose Alberto Vasquez.

[864]