P. v. Willis
On June 16, 2006,[1]appellant Tony Leroy Willis pled no contest to 12 felony counts and five misdemeanor counts, and admitted two strike[2]and 10 enhancement allegations.[3] On September 1, appellant, without the assistance of counsel, moved to withdraw his pleas, and the court denied the motion; struck counts 2 through 7 and the arming, on-bail, and prior prison term enhancements; credited appellant with time served on each of the misdemeanors (counts 14, 15, 16 and 18); and imposed a prison term of 25 years to life on count 1 and concurrent 25-years-to-life terms on each of counts 8, 9, 11, 12 and 13. On count 10, the court imposed, and stayed pursuant to section 654, a term of 25 years to life.
On appeal, appellant contends (1) the court erred in failing to either grant his motion to withdraw his plea or, at the very least, appoint substitute counsel to present appellants motion to withdraw his plea, and (2) the court erred in failing to stay execution of sentence on the count 11 offense (possession of ammunition by a felon in violation of section 12316, subdivision (b)(1)) pursuant to section 654.Court reverse and remand for further proceedings.
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