People v. Parra CA5

Filed 8/10/16 P. v. Parra 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F071587 Plaintiff and Respondent, (Kern Super. Ct. No. LF010174A) v.

AGUSTIN JAIME CORONA PARRA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Colette M. Humphrey, Judge. John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Daniel B. Bernstein and Jennifer M. Poe, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

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

Appellant Agustin Parra appeals the denial of his motion to withdraw his nolo contendere plea to one count of making criminal threats (Pen. Code, § 422, count 2)1 and one count of willful infliction of corporal injury (§ 273.5, subd. (a), count 3), with enhancements for using a deadly or dangerous weapon (§ 12022, subd. (b)(1)) and inflicting great bodily injury (§ 12022.7, subd. (e)), and two enhancements for prior felony convictions. (§§ 667, subds. (a)(1), (e).)2 Appellant contends his plea was involuntary due to his mental condition at the time and because he received ineffective assistance of counsel. For the reasons set forth below, we affirm the trial court’s judgment. FACTUAL AND PROCEDURAL BACKGROUND On July 17, 2014,3 appellant was arrested for attacking his fiancée, Ms. Gabriela Ruiz. According to a report filed by the Kern County Sheriff’s Department, after Ms. Ruiz received a telephone call, appellant accused Ms. Ruiz of cheating on him and assaulted her. In the course of the assault, appellant attacked Ms. Ruiz with a kitchen knife, cutting her right thigh. Appellant also strangled Ms. Ruiz while apologizing for the belief that he would have to murder her. When Ms. Ruiz was able to escape appellant’s attack and call for help, appellant fled. Appellant was ultimately charged with assault with a deadly weapon (§ 245, subd. (a)(1)), making criminal threats, willful infliction of corporal injury, and attempted murder (§§ 187, 664), with each count carrying multiple enhancements. These charges carried a minimum potential sentence of 29 years. In addition, appellant faced an alleged