People v. Rios CA4/2

Filed 4/2/15 P. v. Rios CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E062017

v. (Super.Ct.No. FSB1304641)

THEODORE RIOS, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Kenneth Barr and

Steve Malone, Judges. Affirmed.

Lewis A. Wenzell, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

_____________________  Judge Kenneth Barr presided over defendant’s hearing on his plea. Judge Steve Malone presided over defendant’s motion to withdraw his plea.

1

I

STATEMENT OF THE CASE

On October 24, 2013, a felony complaint charged defendant and appellant

Theodore Rios and co-defendant Michael Ramirez with violating Penal Code1 section

530.5, subdivision (c)(3), willfully and unlawfully acquiring and possessing with an