People v. Simon CA2/8

California Court of Appeal Apr 3, 2014 No. B248982Unpublished

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Holding. The trial court did not abuse its discretion in denying the defendant's motion to withdraw his no contest plea, as there was substantial evidence that the plea was knowing, intelligent, and voluntary despite the defendant's claims of mental illness.

Issues

Did the trial court abuse its discretion by denying the defendant's motion to withdraw his no contest plea based on claims of mental illness?
Did the defendant meet his burden of showing good cause by clear and convincing evidence to withdraw his plea?

Disposition. Affirmed.

Quotations verified verbatim against the opinion

“The defendant has the burden to show, by clear and convincing evidence, that there is good cause for withdrawal of his [] guilty plea.”

“A motion to withdraw a plea is addressed to the sound discretion of the trial judge and must be upheld unless an abuse thereof is clearly demonstrated.”

“The trial court was not bound to accept and give credence to the affidavits submitted in support of the motion.”

Filed 4/3/14 P. v. Simon CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B248982

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA123230) v.

MARCUS SIMON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, H. Clay Jacke, II, Judge. Affirmed.

David W. Scopp, under appointment by the Court of Appeal, for Luna and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Susan Sullivan Pithey and Rene Judkiewicz, Deputy Attorneys General, for Plaintiff and Respondent.

_________________________________

Marcus Simon pled no contest to second degree attempted murder and admitted a firearm enhancement allegation. Simon contends the trial court improperly denied his motion to withdraw his plea on the ground he did not fully understand the consequences of his plea due to mental illness. We affirm the judgment. FACTS Simon was 17 years old on May 29, 2011, when he shot Josua Billips after an argument about Simon’s ex-girlfriend, Amber Warfield. Billips was wounded in his upper torso and left arm. When the police took Simon into custody, he offered to show them where he had hidden the gun; a .38 caliber revolver was subsequently recovered in a parking lot. Simon was charged with attempted murder1 (Pen. Code, §§ 664/187, subd. (a); count 1),2 possession of a firearm by a minor (12010, subd. (a)(1); count 2), and misdemeanor possession of live ammunition by a minor (§ 1201, subd. (b)(1); count 3). It was further alleged that a principal personally and intentionally discharged and used a firearm. (§ 12022.53, subds. (b), (c) & (e)(1).) Simon was assigned an alternate public defender and pled not guilty. Thereafter, Simon agreed to plead no contest to attempted murder with a firearm enhancement allegation under section 12022.53, subdivision (c), in exchange for a 25

People v. Simon CA2/8

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B248982

MARCUS SIMON,

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