P. v. Soqui CA2/6

Filed 3/18/13 P. v. Soqui CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B241010 (Super. Ct. No. F440203) Plaintiff and Respondent, (San Luis Obispo County)

v.

RYAN JOSEPH SOQUI,

Defendant and Appellant.

Appellant Ryan Joseph Soqui was charged with kidnapping during a carjacking (Pen. Code, § 209.5),1 simple kidnapping (§ 207, subd. (a)), carjacking (§ 215) with use of a gun (§ 12022.5, subd. (a)), and two counts of robbery (§ 211). A 2007 conviction was charged as a prior prison term enhancement. (§ 667.5, subd. (b).) In exchange for a negotiated 17-year sentence, appellant waived his trial rights and pled no contest to simple kidnapping, carjacking and one of the robbery counts, and admitted the gun use and prior prison term allegations. In November 2009, appellant approached a Cal Poly foreign exchange student, who was in her car, and asked for directions to the nearest liquor store. As the student started to give directions, appellant got into her car. He produced a gun and

1 All statutory references are to the Penal Code.

asked for her cell phone and her tote bag. He took money from her bag and then directed her to drive, telling her where to go. He said, "Don't do anything stupid; I can kill you." Complaining she was not going fast enough, appellant took over the driving. He drove to a bank and instructed the victim to withdraw money from an ATM. When the victim got out of the car, she ran into a nearby restaurant and notified the police. Later that evening, a Grover Beach police officer spotted appellant driving the victim's car and attempted to stop him. Appellant managed to evade the officer, but later crashed into a fence and fled. Appellant's passenger told the police that appellant had been giving him a ride when the Grover Beach officer started pursuit. During the chase, appellant told him: "You better buckle up; I just highjacked this car." When appellant negotiated and entered his plea, he was represented by attorney Ilan Funke-Bilu. Appellant subsequently replaced Mr. Funke-Bilu with attorney Joseph H. Lax, who had represented appellant during the preliminary hearing. Mr. Lax moved to withdraw appellant's plea, based on his belief that there were factors mitigating against a life sentence and that police had improperly withheld recorded interviews with the victim. Mr. Funke-Bilu disagreed about the mitigating factors and repeatedly told appellant that, if he went to trial, he likely would end up with a life sentence. Believing it would be "hopeless" to go to trial with that attorney, appellant accepted the plea agreement. The prosecution opposed the motion to withdraw. At the evidentiary hearing, appellant testified he believed his attorney was only interested in negotiating a plea bargain and not in developing defenses for trial. When appellant said he wanted to go to trial, Mr. Funke-Bilu told him he would have to raise a substantial amount of money to pay the legal fees. Appellant claimed he "was beaten down emotionally and basically forced into and pressured into taking this plea bargain." Mr. Funke-Bilu, an experienced criminal defense attorney, testified he had extensive discussions with appellant regarding the evidence, especially with respect to the kidnapping and carjacking offense carrying the potential indeterminate sentence. He told