People v. Herrera CA2/8

Filed 12/13/21 P. v. Herrera CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B312388

Plaintiff and Respondent, Los Angeles County Super. Ct. No. MA078799 v.

ISRAEL HERRERA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert G. Chu, Judge. Affirmed. H. Russell Halpern for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Michael R. Johnsen, Supervising Deputy Attorney General, and David E. Madeo, Deputy Attorney General, for Plaintiff and Respondent. ____________________

Israel Herrera claims the trial court improperly denied his request to substitute retained counsel and asks us to reverse his sentence. The trial court acted within its discretion in denying Herrera’s tardy request. We affirm. Statutory references are to the Penal Code. I The parties skip over the facts of the underlying crime. We know from the probation officer’s report that the case stems from a drive-by shooting in April 2020. In May 2020, prosecutors charged Herrera with three counts of attempted premeditated murder with personal firearm use allegations. The complaint identifies a life state prison sentence and “+20 Yrs.” for each count. Herrera retained counsel, who appeared on his behalf at the outset of the case through sentencing. In March 2021, the parties reached a plea agreement. Herrera pleaded no contest to one count of assault with a semiautomatic firearm (§ 245, subd. (b)) and admitted a firearm allegation (§ 12022.5, subd. (a)). He agreed to a 13-year sentence. On the first page of his plea form, Herrera initialed a section that says his plea will result in the court sentencing him to 13 years in state prison. Herrera signed the form and entered his plea on March 24, 2021, with the assistance of his retained counsel, Ambrosio Rodriguez. The trial court set a sentencing hearing for April 16, 2021. Herrera, Rodriguez, and attorney H. Russell Halpern appeared at the sentencing hearing. Halpern reported Herrera had retained him a week earlier and wanted to substitute him as counsel. Halpern was not ready to go forward with the hearing that day and said he needed to “prepare for sentencing and also