People v. Reynolds CA3

Filed 1/15/15 P. v. Reynolds CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C073926

Plaintiff and Respondent, (Super. Ct. No. CRF123268)

v.

DENNIS CRAIG REYNOLDS,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

FACTUAL AND PROCEDURAL BACKGROUND1 On August 16, 2012, defendant made arrangements with an undercover agent to purchase methamphetamine. Per the agreement, the agent followed defendant to the home of defendant’s connection. Defendant went into his connection’s home, returned, and gave the agent 7 grams of methamphetamine. On February 8, 2013, defendant entered a negotiated disposition whereby he pleaded no contest to one count of sale of methamphetamine and admitted a prior strike conviction in exchange for a state prison sentence of four years (the low term of two years doubled to four because of the strike). The other counts and enhancement allegations were dismissed On March 18, 2013, defendant filed a motion to withdraw his plea on the grounds that when he entered his plea he was under the influence of pain killing drugs, and therefore the plea was not knowingly and voluntarily entered. At the hearing to withdraw the plea, defendant called only himself to testify. He testified that he had hip dysplasia; his right hip had been previously replaced and the left needed to be replaced. He was experiencing pain in his left hip, left knee and back. He had been prescribed and was taking Norcos (Hydrocodone), Neurontin and Tramadol. He had been prescribed this medication since 1998. On the night before the plea, defendant slept one or two hours. He testified he was in pain and right before leaving for court on the day of the plea, he took three Norcos, four Neurontins and four or five Tramadol. He said he recalled conversing with his attorney about the plea that morning, but could not remember the specifics because his head was “swimming.” He had no previous plans of accepting a plea agreement, but did so because he was overmedicated that morning and frightened. The effects of the medications overcame his ability to