People v. Aguirre

Opinion

RUBIN, Acting P. J. Richard Aguirre appeals from the trial court’s denial of his motion to withdraw his guilty plea to maintaining a residence for the purpose of selling cocaine. We affirm.

FACTS AND PROCEEDINGS

In March 2009, the People filed an information against appellant Richard Aguirre alleging he had possessed for sale cocaine base on February 16, 2009. The information also specially alleged he had served five prior prison terms. In July 2009, appellant entered into a plea bargain. Under the bargain, the People dismissed the possession-for-sale charge and the prior-prison-term allegations in return' for appellant’s agreement to plead guilty to one count of maintaining a residence for the purpose of selling cocaine, for which he would receive a low-term sentence of 16 months.

Appellant’s sentencing hearing was continued several times between entry of his plea in July 2009 and the sentencing hearing in August 2010. In the interim, a federal grand jury, which federal prosecutors had empanelled in June 2009, handed up a multiple-count indictment in September 2009 against numerous alleged members of the Avenues street gang, including appellant. The indictment charged appellant and others with, among other crimes, racketeering and conspiracy to distribute narcotics. As to appellant, the indictment specifically charged that on February 16, 2009, he knowingly and intentionally possessed crack cocaine with the intent to distribute.

At his sentencing hearing in August 2010, appellant moved to withdraw his guilty plea. He noted that he had not known about the grand jury proceedings when he entered into the plea bargain, nor had the trial court advised him that his guilty plea might be used against him in federal proceedings. He claimed that if he had known about the grand jury and the looming indictment, he would not have pleaded guilty to the state charge. The trial court denied [528]appellant’s motion to withdraw his plea because the court found the federal indictment was not a “direct consequence” of his guilty plea. Accordingly, the court imposed the 16-month sentence agreed to under the plea bargain. Appellant filed a notice of appeal for which the trial court granted appellant’s request for a certificate of probable cause.