P. v. Phillips
On September 2, 2008, defendant and appellant Antonio Don Phillips entered into a plea agreement in which he pled guilty to one count of possession of cocaine base for sale. (Health & Saf. Code, 11351.5, count 1.) Pursuant to the plea agreement, one count of offering to sell cocaine base (Health & Saf. Code, 11352, subd. (a), count 2) was dismissed, as well as allegations of a prior strike conviction (Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and a prior prison conviction (Pen. Code, 667.5, subd. (b)). The court informed defendant it was going to sentence him to the low term of three years, and then released him on a Cruz[1]waiver pending his sentencing hearing. Defendant appeared for sentencing on October 24, 2008, and requested a continuance, which the court granted. On November 21, 2008, he appeared for sentencing and requested another continuance, but the court denied this request. He immediately moved to withdraw his plea. The court summarily denied his request and imposed the three-year state prison term. On appeal, defendant contends the trial court abused its discretion in failing to allow him to state a basis for his motion to withdraw his guilty plea. Because defendant did not obtain a certificate of probable cause (Pen. Code, 1237.5), we shall dismiss the appeal.
Comments on P. v. Phillips