P. v. Glover CA3
Defendant Dennis David Glover pleaded no contest to battery with serious bodily injury (Pen. Code, § 243, subd. (d)) and the trial court sentenced him to four years in state prison. Defendant now contends his trial counsel was ineffective in failing to “inform him of [a] witness statement” before he entered into the plea agreement. Defendant also contends the trial court abused its discretion in denying his motion to withdraw his no contest plea.
We conclude defendant never moved to withdraw his plea but also conclude trial counsel was ineffective for not disclosing a witness’s statement to defendant prior to defendant’s entering a no contest plea. Accordingly, defendant is entitled to withdraw his no contest plea. We reverse the judgment and remand the matter for further proceedings.
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