People v. Aceituno CA4/1

Filed 3/28/14 P. v. Aceituno CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D064626

Plaintiff and Respondent,

v. (Super. Ct. No. SCN311407)

JULIO ACEITUNO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Kimberlee

A. Lagotta, Judge. Affirmed.

Dawn S. Mortazavi, under appointment by the Court of Appeal, for the Defendant

and Appellant.

No appearance for the Plaintiff and Respondent.

Julio Aceituno pleaded guilty to possessing a controlled substance while armed

with a gun. (Health & Saf. Code, § 11370.1, subd. (a).) In exchange, the People

dismissed charges that Aceituno possessed a controlled substance (Health & Saf. Code,

§ 11377, subd. (a)); concealed a firearm on his person (Pen. Code, § 25400, subd. (a)(2));

and carried a loaded firearm on his person (Pen. Code, § 25850, subd. (a)). The court

suspended imposition of sentence and granted Aceituno three years formal probation.

Approximately two months later, Aceituno moved to withdraw his plea on