P. v. Timmons
Vincent Timmons joined three codefendants in a plea deal that resolved numerous kidnapping, sexual assault, gang, and firearm charges, plus enhancements, for their guilty pleas to one count each of forcible kidnapping (count 1; Pen. Code, 207, subd. (a)) with an admitted gang enhancement ( 186.22, subd. (b)(1)(c)), and aggravated assault (count 12; 245, subd. (a)(1)), for fixed aggregate prison terms of 14 years.Five weeks later, on the eve of sentencing, Timmons announced a desire to withdraw his plea. He filed a written motion ( 1018) claiming coercion from threats by a codefendant. The People opposed the motion, and the court denied it. Sentenced to the agreed 14-year term (less 815 days of credit), Timmons secured a certificate of probable cause ( 1237.5; People v. Cuevas (2008) 44 Cal.4th 374, 379, 381) and appeals challenging the denial. Court uphold the denial and affirm the resulting judgment.
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