People v. Koppe CA3

Filed 6/10/14 P. v. Koppe CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C073768

Plaintiff and Respondent, (Super. Ct. No. 10F00760)

v.

CHRISTOPHER WILLIAM KOPPE,

Defendant and Appellant.

Defendant Christopher Koppe was charged with first degree murder. He agreed to a package plea with his codefendant son and pled no contest to second degree murder. He then filed a motion to withdraw his plea, which the trial court denied. According to defendant, the trial court abused its discretion by denying his motion to withdraw because his plea was not given voluntarily due to his paternal relationship with the codefendant which created psychological pressures overriding his free will and coercing him to agree to the deal. We disagree and affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND Police found defendant at the scene of Keenan Slotty’s murder covered in blood and practically confessing to the killing. In one version of the murder, according to defendant’s son and codefendant Nicholas Koppe, Nicholas1 started the fight with the victim and his father took over. Both were charged with first degree murder with an enhancement for using a deadly and dangerous weapon (a knife). If convicted as charged, defendant would have faced a prison term of 25 years-plus to life in prison. Nicholas, with two prior strikes, would have faced a sentence of 25 years-plus to life for any felony conviction. The People were reluctant to compromise, but before the trial started they offered defendant and Nicholas a package they both had to accept. Defendant was to plead no contest to second degree murder and admit the use of a knife. He would be sentenced to a 15-year indeterminate term for the second degree murder and a one-year determinate sentence for the use of a knife, for a total of 16 years to life. Nicholas would plead no contest to one count of voluntary manslaughter, use of a knife, and assault by means of a knife, and would admit two prior convictions. He would receive a 33-year determinate sentence. At the plea hearing, Nicholas vacillated between his options. After initially agreeing to the deal, he backed out of it. He agreed to it again after telling defendant he would do what defendant wanted, and defendant indicated he should accept the deal. At one point, Nicholas discussed the deal with his attorney and said, “Just because I can’t get up to represent myself doesn’t mean he should go down for the rest of his life.” He backed out of the deal for a second time, but finally accepted it after the court ordered the witnesses out of the courtroom and the trial to proceed.