P.v. Armstrong
Appellant Larry Armstrong appeals from the judgment entered following his plea of no contest to one count of first degree residential burglary with a person present in violation of Penal Code section 459. The trial court sentenced appellant to 23 years in state prison, which consisted of the upper term of six years doubled to 12 years based on appellant’s admission of a prior burglary “strike†under Penal Code section 1170.12, subdivisions (a)-(d), plus 11 years based on appellant’s admission of two prior serious felony convictions pursuant to Penal Code section 667, subdivision (a)(1). Appellant was ordered to pay fines and fees.
The judgment was filed on October 20, 2011. On November 22, 2011, appellant filed a motion to withdraw his plea on the grounds that he was not arraigned within 48 hours of his arrest, he was not competent at the time he made his plea because he was taking “psych-medications,†and he received ineffective assistance of counsel because his attorney did not properly negotiate his plea. The court heard the motion on December 20, 2011, with appellant and his attorney present. The court treated the motion as one filed under People v. Marsden (1970) 2 Cal.3d 118, and denied it. On December 29, 2011, appellant filed the same motion, which the court took off calendar. The court notified appellant of its action by letter dated January 17, 2012. Apparently, appellant refiled his original motion. The court took no action on the motion, as indicated by minute order dated February 7, 2012. On February 22, 2011, appellant filed a notice of appeal and requested a certificate of probable cause to challenge the denial of his plea withdrawal motion. The trial court granted the certificate of probable cause on March 9, 2012.
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