People v. Nash CA5

Filed 2/6/14 P. v. Nash CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F065963 Plaintiff and Respondent, (Super. Ct. No. VCF262933) v.

MICHAEL DAVID NASH, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Valeriano Saucedo, Judge. Patrick J. Hennessey, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Charity S. Whitney, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Franson, J. and Peña, J.

Michael David Nash appeals from a judgment following his plea of no contest to one count of making criminal threats (Pen. Code, § 422)1 and his acknowledgement of two prior strike and serious felony convictions (§§ 667, subds. (b)-(e), 1170.12, subds. (a)-(d)), and one prior prison term (§ 667.5, subd. (b)). Nash was sentenced to nine years in prison pursuant to a negotiated plea agreement. His sole argument on appeal is that the trial court erred by refusing to allow him to withdraw his plea. We affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND2 Nash was arrested on the morning of January 26, 2012 after police responded to reports of a domestic disturbance at the residence he shared with his girlfriend, J.J. Upon their arrival, Visalia police officers encountered the “visibly hysterical” girlfriend and listened to her describe a harrowing experience which she had just endured. Fueled by anger and approximately ten shots of liquor, Nash had wrapped duct tape around J.J.’s hands, feet, and mouth, and repeatedly threatened to kill her as she sat helpless on the concrete floor of a detached garage. At one point, Nash placed J.J. inside of his pickup truck and stated his intention to drive her to a remote location, “blow her face off” with one of his guns, and dump her body. J.J. eventually escaped and ran to a neighbor’s home for help. Nash later barricaded himself inside the garage to avoid arrest, but was taken into custody following a standoff with the police department’s SWAT team. On March 12, 2012, the Tulare County District Attorney filed a criminal information charging Nash with making criminal threats (Counts 1 & 3), false imprisonment (§ 236; Count 2), kidnapping (§ 207, subd (a); Count 4), resisting, delaying, or obstructing an officer in the performance of the officer’s duties (§ 148, subd.