People v. Engelhardt CA2/8

Filed 2/25/21 P. v. Engelhardt CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B302657

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA252814) v.

KATHY M. ENGELHARDT,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Michael Garcia, Judge. Affirmed. David R. Greifinger, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Michael R. Johnsen and Blythe J. Leszkay, Deputy Attorneys General, for Plaintiff and Respondent.

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In 2005, defendant Kathy M. Engelhardt pled guilty to 10 counts of first degree residential burglary (Pen. Code, § 459), and four counts of receiving stolen property (§ 496, subd. (a)). She fled the country while awaiting sentencing. Fourteen years later, defendant filed a motion to withdraw her plea, arguing she was in an abusive relationship with her codefendant, Dewey Maurice West, and was under duress when she entered her plea. The trial court denied the motion and sentenced defendant to eight years eight months in prison. On appeal, defendant argues the trial court abused its discretion when it denied her motion to withdraw her plea. We affirm. BACKGROUND In March 2004, defendant and Mr. West were charged with 31 felony counts stemming from burglaries committed at open houses (houses for sale open for viewing by potential buyers). An amended complaint was later filed alleging 23 counts. In all, over $300,000 in property was taken. The jury trial started on February 7, 2005. On February 10, 2005, the trial court asked whether the parties had reached an agreement regarding the disposition of the case. Mr. West was not prepared to enter a plea; he wanted more time to consider the People’s offer. Defendant was prepared to enter a plea that same day, and to be sentenced at a later date. The prosecutor was willing to accept defendant’s plea and allow Mr. West to proceed to trial. To ensure defendant appeared for sentencing, it was agreed she would plead guilty to 10 counts of burglary and four counts of receiving stolen property, with the understanding that nine of the burglary counts would be dismissed when she appeared at