People v. Mosteiro CA3

Filed 9/19/16 P. v. Mosteiro CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C080445

Plaintiff and Respondent, (Super. Ct. Nos. SF132020A & SM293354A) v.

CHRISTAL RITA MOSTEIRO,

Defendant and Appellant.

Defendant Christal Rita Mosteiro pleaded guilty to assault with a deadly weapon but subsequently moved to withdraw her plea prior to sentencing. (Pen. Code, § 245, subd. (a)(1).)1 Defendant contends the trial court abused its discretion and erred in

1 Undesignated statutory references are to the Penal Code.

1

denying her motion to withdraw her guilty plea because she received incorrect legal information and ineffective assistance of counsel during her guilty plea. We shall affirm. FACTUAL AND PROCEDURAL BACKGROUND Case No. SM293354A On June 1, 2015, defendant went to the home of Lora Carson and repeatedly punched Carson in the face while holding a glass marijuana pipe in her hand. Carson heard a loud pop in her cheek during the attack, and, as a result of the attack, Carson required surgery on her cheek, including titanium plates. Defendant was charged in case No. SM293354A with “assault by means of force likely to produce great bodily injury or with a deadly weapon and instrument,” with a special allegation of personal infliction of great bodily injury and a prior strike (count 1; §§ 245, subd. (a)(1), 12022.7, subd. (a), 667, subd. (d), 1170.12, subd. (b)), battery with serious bodily injury and a prior strike (count 2; §§ 243, subd. (d), 667, subd. (d), 1170.12, subd. (b)), vandalism (count 3; § 594, subd. (a)), and failure to appear on a felony charge (count 4; § 1320, subd. (b)). Case No. SF132020A On July 21, 2015, police searched defendant’s home and found several firearms, including a Springfield Armory rifle. Defendant told police she possessed the rifle. Defendant was charged in case No. SF132020A with being a felon in possession of a firearm (counts 1, 3, 5, 7, & 9; § 29800, subd. (a)(1)), and obliterating the identification of a firearm (counts 2, 4, 6, 8, & 10; § 23900). It was also alleged defendant suffered a prior strike, had served a prior prison term, and had committed a felony while released on bail or on her own recognizance. (§§ 667, subds. (b) & (d), 667.5, subd. (b), 1170.12, subd. (b), 12022.1.) On August 7, 2015, the parties reached a global plea deal whereby defendant would plead guilty to count 1 and admit a prior strike in case No. SM293354A and to count 1 in case No. SF132020A. The remaining counts and enhancements in both cases