P. v. Hernandez
Filed 2/28/06 P. v. Hernandez CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(San Joaquin)
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| THE PEOPLE, Plaintiff and Respondent, v. EMILIANO HERNANDEZ, Defendant and Appellant. | C049015 (Sup.Ct.No. SF092749A)
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Pursuant to a plea bargain with a negotiated sentence, defendant pled guilty to attempted second degree murder (Pen. Code, §§ 664/187) and admitted he used a firearm (Pen. Code, § 12022.5, subd. (a)). He was sentenced to 10 years in state prison. On appeal, defendant contends the trial court abused its discretion in denying his motion to withdraw his plea. We find no error and affirm.
FACTUAL AND PROCEDURAL BACKGROUND
According to the prosecution's factual basis for the plea, on the afternoon of August 2, 2004, Benny Rivera and Joseph Ripola were sitting in a parked car. Defendant and a companion came up and asked, â€
