P. v. Nunneley
Defendant Patrick William Nunneley barreled into the home of 86 year old M.K. without her permission, demanded what money [she] had, took at least $1,000 and sexually assaulted her.
Defendant was charged with various theft, sex, and other offenses. He pleaded no contest to forcible rape (Pen. Code, 261, subd. (a)(2) and admitted that he committed that offense during the commission of a burglary ( 667.61, subds. (b), (e)(2)) in exchange for dismissal of the remaining counts and enhancement allegations.
Six weeks later, defendant requested substitute counsel. The trial court conducted a Marsden[3]hearing and denied defendants request. Immediately thereafter, defendant asked to withdraw his plea. The trial court appointed new counsel only for the purposes of determining if there are legal grounds for . . . defendants plea to be withdrawn. Counsel found there were no grounds to withdraw the plea, and the court denied defendants request to withdraw his plea.
The trial court sentenced defendant to 15 years to life, with credit for 195 days (170 actual days and 25 good conduct); ordered him to pay a $3,000 restitution fine ( 1202.4, subd. (b)), a $3,000 parole revocation fine, suspended unless defendants parole is revoked ( 1202.45), $2,250 in victim restitution plus 10 percent interest, a $300 sex offense fine ( 290.3), and a $20 court security fee ( 1465.8); and ordered him to register as a sex offender ( 290) and provide samples ( 296). Defendant appeals. He did not obtain a certificate of probable cause.
The judgment is affirmed.
Comments on P. v. Nunneley