P. v. Covarrubias
In Stanislaus County Superior Court case No. 1072252 (case No. 1072252), appellant, Israel Garibay Covarrubias, pled no contest to voluntary manslaughter (Pen. Code, 192, subd. (a)) [1]and admitted allegations that in committing that offense he personally used a firearm ( 12022.5, subd. (a)) and that he had suffered a strike. [2] In Stanislaus County Superior Court case No. 1230278 (case No. 1230278), appellant pled no contest to possession of a weapon while confined in jail ( 4502, subd. (a)) and admitted a strike allegation. At a sentencing hearing covering both cases, the court imposed a prison term of 34 years, consisting of 22 years on the substantive offense in case No. 1072252, 10 years on an arming enhancement in that case, and two years on the substantive offense in case No. 1230278. On appeal, appellant contends the court erred in refusing to allow appellant to present a motion to withdraw his plea in case No. 1072252. Court reverse and remand for further proceedings.
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