People v. Clavel CA2/2

Filed 5/15/14 P. v. Clavel CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B250766

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. BA329860 & B314716) v.

MARVIN RODRIGUEZ CLAVEL,

Defendant and Appellant.

THE COURT:*

In 2007, appellant Marvin Rodriguez Clavel pleaded no contest to one count of robbery. The trial court placed appellant on three years of formal felony probation. In 2008, appellant pleaded no contest to burglary and petty theft and admitted a probation violation in the robbery case. In 2010, appellant filed motions to vacate his plea in both cases. The motions were denied. Appellant filed a petition for writ of error coram nobis. Appellant alleged that his plea of nolo contendere did not have the legal effect of a guilty

* ASHMANN-GERST, Acting P. J., CHAVEZ, J., FERNS, J.†

† Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

plea. Appellant also claimed he received ineffective assistance of counsel. The trial court denied appellant’s petition, and this appeal followed. PROCEDURAL BACKGROUND By information dated May 4, 2007, in Los Angeles County Superior Court case No. BA314716, appellant was charged with carjacking (Pen. Code, § 215, subd. (a))1 and robbery (§ 211). On May 30, 2007, appellant pleaded no contest to the robbery and was placed on three years’ formal felony probation. By information dated November 13, 2007, in Los Angeles County Superior Court case No. BA329860, appellant was charged with petty theft with a prior (§ 666) and burglary (§ 459). The People moved to revoke appellant’s probation in case No. BA314716. On March 12, 2008, appellant pleaded no contest to both burglary and petty theft in case No. BA329860, and admitted his probation violation in case No. BA314716. The trial court sentenced appellant to three years in state prison and a concurrent two-year sentence for the probation violation. On July 12, 2010, appellant filed a motion to vacate his plea in case No. BA329860. The trial court denied the motion. On October 4, 2010, appellant filed a motion to vacate his plea in case No. BA314716. The trial court denied the motion. On November 19, 2012, appellant filed a petition for dismissal of his conviction in case No. BA314716, pursuant to section 1203.4a. On December 18, 2012, appellant’s petition was denied. On March 20, 2013, appellant requested an explanation for the court’s denial of his petition for dismissal. On March 26, 2013, the trial court stated on the record that appellant had not successfully completed probation and was not eligible for dismissal under section 1203.4a.