P. v. Patterson
Filed 9/11/06 P. v. Patterson CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION SEVEN
| THE PEOPLE, Plaintiff and Respondent, v. VESTER L. PATTERSON, Defendant and Appellant. | B189302 (Los Angeles County Super. Ct. No. YA027910) |
APPEAL from an order of the Superior Court of Los Angeles County.
Eric C. Taylor, Judge. Affirmed.
Gregory L. Rickard, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
_________________________
On April 8, 1996 Vester L. Patterson was charged by information with carjacking and feloniously evading a pursuing police officer (Pen. Code, § 215, subd. (a); Veh. Code, § 2800.2). The information further alleged he personally used a firearm during the commission of the carjacking (Pen. Code, § 12022.5, subd. (a)). Appearing in propria persona, Patterson entered a negotiated plea of guilty to the charges. In exchange, on August 27, 2006 the court stayed execution of a nine-year state prison term (concurrent terms of nine years for carjacking and two years for felony evasion) and placed Patterson on three years of formal probation. The firearm-use enhancement was stricken. (People v. Patterson, Los Angeles County Superior Court case No. YA027910.) Patterson did not appeal.
On May 8, 1997 Patterson moved to set aside his plea, arguing the sentence he received was not what he had negotiated in exchange for his guilty pleas. The court found to the contrary and denied the motion.
On June 6, 1997 Patterson was found to have violated probation in two separate cases, case No. YA027910, and Los Angeles Superior Court case No. GA026340 in which he had been convicted of possession of a controlled substance (Health & Saf. Code, § 11350). The court ordered execution of the previously stayed nine-year state prison sentence in case No. YA027910 and imposed a consecutive state prison term of eight months in case No. GA026340. Patterson did not appeal from either order revoking probation.
Patterson has filed numerous state and federal petitions for writs of habeas corpus attacking on various grounds the validity of the plea he entered and sentence imposed in case No. YA027910. All of the petitions have been denied.
In January 2000 Patterson filed in Los Angeles Superior Court a petition for writ of error coram nobis in case No. YA027910, claiming the trial court erred by: (1) imposing the upper term for carjacking contrary to his plea agreement; (2) failing to inform Patterson of his right to be sentenced by the same judicial officer who accepted his plea (People v. Arbuckle (1978) 22 Cal.3d 749); (3) misinforming Patterson concerning his right to appeal; and (4) failing to inform Patterson of his right to withdraw his plea. The court denied the petition on April 13, 2000; Patterson appealed from that order on May 8, 2000. We appointed counsel to represent him on appeal.
Patterson then filed petitions in case Nos. YA027910 and GA026340 in superior court requesting a modification of the presentence custody credits he had been awarded in each case. Both petitions were denied on August 1, 2000. Patterson appealed from these orders; and on December 6, 2000 this court granted his motion to consolidate his appeals in the two cases (B142706, B144498).
In response to the People's motion to dismiss Patterson's appeals, this court deemed the notices of appeal petitions for writs of habeas corpus and denied them on May 16, 2001.
On November 28, 2005 Patterson filed a second petition for writ of error coram nobis in superior court seeking to vacate the judgment and set aside his plea in case No. YA027910 on substantially similar grounds as asserted in his January 2000 petition. The court denied the petition. On January 30, 2006 Patterson appealed from the order denying this petition; and we appointed counsel to represent him on appeal.
After examination of the record counsel filed an â€
