P. v. Medrano
On February 22, 2011, a complaint charged defendant and appellant Frank Alex Medrano with (1) carrying a loaded firearm by a gang member under Penal Code[1] section 12031, subdivision (a)(2)(C) (count 1); possession of a firearm by a felon with a prior under section 12021, subdivision (a)(1) (count 2); and (3) street terrorism under section 186.22, subdivision (a) (count 4). As to counts 1, 2, and 4, the complaint also alleged a prior strike offense under section 1170.12, subdivisions (a) through (d), and section 667, subdivisions (b) through (i); and three prison prior convictions under section 667.5, subdivision (b). As to counts 1 and 4, the complaint further alleged a prior serious felony conviction under section 667, subdivision (a)(1).
On August 30, 2011, defendant pled guilty to count 4 and admitted the strike allegation, in exchange for a stipulated sentence of the upper term of three years, doubled for a total term of six years. The remaining charges and allegations were dismissed.
On November 17, 2011, defendant requested to withdraw his guilty plea. The trial court appointed a conflict panel attorney to represent him.
On March 23, 2012, after hearing defendant’s motion to withdraw his plea, the trial court denied the motion. Thereafter, the court sentenced defendant to the stipulated sentence of six years.
On April 3, 2012, defendant filed a timely notice of appeal and requested a certificate of probable cause. The court denied the request for a certificate of probable cause. On April 12, 2012, defendant filed an amended notice of appeal. The notice indicated that the appeal was based on the sentence or matters occurring after the plea.
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