People v. Russell CA5

Filed 10/22/15 P. v. Russell CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F068436 Plaintiff and Respondent, (Super. Ct. No. CRF40034) v.

JARED WILLIAM RUSSELL, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tuolumne County. Eric L. DuTemple, Judge.

Tara K. Hoveland, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Robert Gezi and Michael Dolida, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

*Before Gomes, Acting P.J., Franson, J. and Peña, J.

INTRODUCTION Defendant Jared William Russell pled guilty to felony child abuse and possession of methadone for sale. Prior to sentencing, defendant moved to withdraw his plea, arguing it was not voluntary due to a misunderstanding of law and fact. The trial court denied defendant’s motion and he was sentenced to seven years in state prison in accordance with the plea. We now consider defendant’s arguments concerning his plea. Although we agree with defendant that the trial court failed to conduct the required inquiry in light of the “package-deal” plea bargain involved, reversal is not required because defendant has failed to establish prejudice. Moreover, the trial court did not abuse its discretion in denying defendant’s motion. As a result, we will affirm. FACTUAL AND PROCEDURAL BACKGROUND Defendant and Allison Artzer were each charged with a single count of felony child abuse (Pen. Code,1 § 273a, subd. (a), count I); multiple drug-related offenses (Health & Saf. Code, §§ 11375, subd. (b)(1), counts II–IV, 11378, counts V–VII, 11351, counts VIII–IX, 11357, subd. (c), count XII); and a single count of receiving stolen property (§ 496, subd. (a), count XI). Defendant was additionally charged with transporting methadone (Health & Saf. Code, § 11352, subd. (a), count X). As to each count, defendant also faced allegations that he had served a prior prison term (§ 667.5, subd. (b)) for a prior strike conviction (§ 667, subds. (b)-(i)). Thereafter, on May 20, 2013, defendant pled guilty to one count of felony child abuse (§ 273a, subd. (a)) and one count of possession for sale of methadone (Health & Saf. Code, § 11351); Artzer pled guilty to one count of felony child abuse (§ 273a, subd. (a)) and two separate drug possession charges (Health & Saf. Code, §§ 11375, 11377). All remaining charges were dismissed. Artzer faced local jail time and five years’ probation. After admitting his prior strike and prison term as a condition of the plea,