P. v. McClure
Appellant Howie Malone McClure pled no contest to discharging a firearm in a negligent manner (Pen. Code,[1] § 246.3, subd. (a)), and in a separate case he pled no contest to felony failure to appear (§ 1320.5), agreeing to a total term of two years eight months. After entering his plea, appellant obtained new counsel and moved to withdraw his plea, arguing that he received ineffective assistance of counsel in making his decision to plead to the charges. The trial court heard and denied the motion, ultimately sentencing him to two years eight months as provided for in the plea agreement. Appellant, after receiving a certificate of probable cause, filed timely notices of appeal in both cases. This court granted a motion to consolidate both appeals as they arose from a single plea.
On appeal, appellant contends the trial court erred in denying his motion to withdraw his plea. He argues he was provided ineffective assistance of counsel in making his decision to plead because his counsel failed to fully advise him as to the future consequences of a strike conviction. He further argues his plea was not knowingly and intelligently made. We find appellant’s contentions lack merit and therefore affirm the judgment.[2]
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