P. v. Davis
In December 2008 Marlon Orlando Davis entered a negotiated guilty plea pursuant to People v. West (1970) 3 Cal.3d 595 to two counts of committing a lewd act on a child under 14 years old (Pen. Code, 288, subd. (a))[1] and one count of committing a lewd act on a child with substantial sexual contact ( 288, subd. (a), 1203.066 subd. (a)(8)). Thirteen other counts involving a total of five victims were dismissed as part of the plea bargain. In January 2009 Davis notified the court that he wished to withdraw his guilty plea. In February the court appointed new counsel who filed a motion to withdraw the plea. The court denied the motion at a hearing in March. It sentenced Davis to a stipulated 10 year prison term: the six-year middle term for a lewd act on a child with substantial sexual contact and consecutive two year terms (one third the middle term) on each remaining count. Davis appeals. Court affirm.
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