P. v. Kobayashi
Appellant Jesus Humberto Kobayashi, Jr. was charged with one count of committing a lewd or lascivious act on a child under the age of 14 (Pen. Code, § 288, subd. (a)/count 1)[1] and three counts of forcible lewd or lascivious acts on a child under the age of 14 (§ 288, subd. (b)(1)/counts 2, 3 & 4). The information also alleged two convictions in 1999 for violations of section 288, subdivision (b) within the meaning of section 667.61, subdivision (d)(1), two prior strike convictions (§ 667 subds. (c)-(j)), and two prior serious felony convictions (§ 667, subd. (a)). Under the charges, appellant faced a prison term of 25 years to life. On the day set for trial, appellant pled no contest to two counts and admitted one prior strike conviction for a stipulated prison term of 20 years. The remaining allegations were dismissed. Appellant subsequently hired new counsel and moved to withdraw his plea. The court denied his motion and imposed the 20-year term. Appellant appeals, contending the trial court erred and abused its discretion by denying his motion. We affirm.
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