P. v. Vielmas
Defendant, Jose Manuel Vielmas, challenges his conviction on one count of participating in a criminal street gang (Pen. Code, § 186.22)[1] and negotiated sixteen-month prison sentence after he pled guilty and then sought unsuccessfully to withdraw his plea. Specifically, defendant argues: 1) the trial court abused its discretion when it denied defendant's motion to withdraw his guilty plea because it both applied the wrong standard and failed to recognize that his cognitive impairment precluded a knowing and voluntary plea; and 2) the plea lacked the factual basis required by section 1192.5. As discussed below, Court reject these claims and affirm the conviction.
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