P. v. Porter
Hunter Coleman Porter pleaded guilty to one count of assault with a semi-automatic firearm (Pen. Code, § 245, [1] subd. (b)) and admitted enhancements for personal use of a firearm (§ 12022.5, subd. (a)), commission of a felony for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)), and personal infliction of great bodily injury (§ 12022.7, subd. (a)), under a plea agreement in which he acknowledged possible maximum punishment of 26 years in state prison as well as a specified fine and parole. On the day of his sentencing hearing, Porter unsuccessfully sought to withdraw his guilty plea on grounds his attorney's investigator failed to interview witnesses assertedly exonerating him of the crimes and he was under the influence of marijuana and heroin when he entered his plea.[2] Porter was later sentenced to a 26-year prison term.
On appeal, Porter contends the trial court abused its discretion by failing to hold a hearing to determine whether substitute counsel should have been appointed to file a formal motion before denying his request to withdraw the guilty plea. Because we conclude Porter did not seek to discharge his retained attorney and there was no colorable basis for withdrawing his plea, we affirm.
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