People v. Gonzalez CA2/7

Filed 10/3/16 P. v. Gonzalez CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B267208

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA096710) v.

MOISES GONZALEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael Villalobos, Judge. Affirmed. Law Offices of Edward J. Blum and Edward J. Blum, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Stephanie A. Miyoshi and David A. Voet, Deputy Attorneys General, for Plaintiff and Respondent.

_____________________________

Appellant Moises Gonzalez appeals the denial of his motion to withdraw his plea, alleging he was under undue duress when he entered it. Because the trial court did not abuse its discretion in denying the motion, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND A felony complaint was filed against Moises Gonzalez on July 17, 2015, alleging possession for sale of heroin in Count 1 (Health & Saf. Code, § 11351), and misdemeanor possession of methamphetamine in Count 2 (Health & Saf. Code, § 11377). Gonzalez was arraigned, and bail set at $30,000 on July 17, 2015. He posted bail and was ordered back to court for a preliminary hearing set for August 12, 2015, at 8:30 a.m. On August 12, 2015, the court called the matter at 10:15 a.m.; Gonzalez had not appeared and his lawyer confirmed he had had no contact. The court ordered the bond forfeited, reset bail at $50,000, issued a bench warrant on a related probation violation matter, and set bail on that matter at $30,000. Gonzalez arrived shortly thereafter, and the court recalled the matter. Gonzalez apologized to the court, stating he had been delayed returning from Tijuana, where he had been because his father was ill. The court indicated it probably would remand Gonzalez, but gave him the opportunity to discuss the matter with his counsel. Gonzalez then entered a no contest plea to Count 1, with an indicated sentence of three years of probation, conditioned on 180 days in county jail, with the probation violation to run concurrent; surrender was to be delayed to a future date. Gonzalez was advised of his rights, waived his rights and entered a no contest plea, and admitted the probation violation. His sentence was imposed on the terms previously indicated. On September 4, 2015, Gonzalez filed a motion under Penal Code section 1018 to withdraw his plea, asserting that he had been coerced by the threat of being remanded to custody. At the hearing on September 24, Gonzalez and the public defender who had represented him at the time of the plea testified. The court found no good cause to withdraw the plea, denied the motion and remanded Gonzalez, explaining that, prior to the plea, the court had not decided that Gonzalez was to go into custody, and that there