People v. Stec CA2/5

Filed 5/19/16 P. v. Stec CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B262357

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA088950) v.

PAUL A. STEC,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Jared D. Moses, Judge. Affirmed. Margolin & Lawrence, Allison B. Margolin, J. Raza Lawrence, Patrick T. Brooks, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Paul M. Roadarmel, Jr., Supervising Deputy Attorney General, and Steven D. Matthews, Supervising Deputy Attorney General, for Plaintiff and Respondent. _____________________________

Defendant and appellant Paul Antonio Stec appeals from a December 8, 2014 order denying his petition for writ of error coram nobis. Defendant contends the court erred in denying his petition, which sought to withdraw a plea of no contest on the grounds that his plea was premised on a mistake of fact regarding his eligibility for deferred entry of judgment. We affirm the trial court’s order because the mistake defendant relies on was a mistake of law, not a mistake of fact.

FACTUAL AND PROCEDURAL BACKGROUND

On February 28, 2014, after being advised of his rights and the consequences of a plea, defendant pleaded no contest1 to the following counts: (1) felony possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)); (2) carrying a concealed firearm in a vehicle, a misdemeanor (Pen. Code, § 25400, subd. (a)(1)); 2 (3) carrying a loaded firearm in a vehicle in a city, a misdemeanor (§ 25850, subd. (a)); and (4) driving when privilege suspended or revoked, a misdemeanor (Veh. Code, §14601.1, subd. (a)). The court convicted defendant of all four counts, suspended imposition of sentence, and placed appellant on three years of formal probation, including ninety days of community service. About six months later, the court revoked defendant’s probation and issued a no- bail bench warrant. Defendant appeared with private counsel at a hearing on September 22, 2014, and the court set the matter for a probation violation hearing. Defendant had two open felony cases in Burbank. Defendant filed a motion to set aside the judgment and withdraw his plea on a