P. v. Kamka
Defendant Richard Edward Kamka pleaded no contest in case No. CM022965 (case 965) to making criminal threats. In addition, a jury convicted defendant in case No. CM023797 (case 797) with failure to appear, unlawful possession of a controlled substance, and resisting an officer. The jury found on-bail enhancement and prior strike allegations true. Moreover, in case No. CM024029 (case 029), a jury convicted defendant of stalking. The trial court found on-bail enhancement and prior strike allegations true.
The trial court subsequently sentenced defendant to an aggregate prison term of 11 years 4 months.
Defendant now contends (1) the trial court abused its discretion in denying defendant’s motion to withdraw his plea in case 965, because at the time the trial court denied the motion it was “reasonably aware†that defendant’s mental state was questionable; and (2) the criminal threats conviction in case 965 could not serve as a prior strike conviction in case 029 and case 797 because defendant was sentenced in all three cases on the same day.
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