CAL POST CON " MOTION TO VACATE UNDER PENAL CODE 1016.5 " NO CONSTITUTIONAL RIGHT TO COURT-APPOINTED APPELLATE COUNSEL

People v. Serrano, 211 Cal.App.4th 496, 149 Cal.Rptr.3d 706 (6th Dist. Nov. 28, 2012) (defendant appealing from denial of post-conviction motion to vacate conviction under Penal Code 1016.5(a), was not entitled to an independent review of the case by the court of appeals, after appellate counsel filed a no-issues brief, because there was no constitutional right to court-appointed appellate counsel).

CAL POST CON " VEHICLES " STATE ADVISAL STATUTE " MOTION TO VACATE UNDER PENAL CODE 1016.5 " COURTS MISADVICE THAT PLEA WILL RESULT IN DEPORTATION MAY CONSTITUTE JUDICIAL MISCONDUCT SINCE IT VIOLATES THE STATUTORY REQUIREMENT TO TELL DEFENDENTS DEPORTATI

Oberholzer v. Commission on Judicial Performance, 20 Cal.4th 371, 375, 975 P.2d 663 (May 13, 1999) (Commission on Judicial Performance has authority to issue advisory letters, such letters are a form of discipline, its procedures comport with the requirements of due process of law, and such letters may be based upon a perceived legal error, if such error clearly and convincingly reflects bad faith, bias, abuse of authority, disregard for fundamental rights, intentional disregard of the law, or any purpose other than the faithful discharge of judicial duty).

CAL POST CON " VEHICLES " MOTION TO WITHDRAW PLEA

People v. Nocelotl, 211 Cal.App.4th 496, 149 Cal.Rptr.3d 706 (6th Dist. Nov. 28, 2012) (defense counsel's erroneous advice that plea bargain conditioned probation only on psychologists' recommendations contained in Penal Code 1202.03 study did not entitle defendant to withdraw plea).

CAL POST CON " VEHICLES " MOTION TO WITHDRAW PLEA UNDER PENAL CODE 1018 " STANDARD OF REVIEW " ABUSE OF DISCRETION

People v. Nocelotl, 211 Cal.App.4th 496, 149 Cal.Rptr.3d 706 (6th Dist. Nov. 28, 2012) (Section 1018 provides that ... On application of the defendant at any time before judgment ... the court may, ... for a good cause shown, permit the plea of guilty to be withdrawn and a plea of not guilty substituted. Good cause must be shown for such a withdrawal, based on clear and convincing evidence. [Citation.] [Citations.] To establish good cause, it must be shown that defendant was operating under mistake, ignorance, or any other factor overcoming the exercise of his free judgment. [Citations.] ...

CAL POST CON " GROUNDS " ADVICE OF COUNSEL " IMPROPER INDUCEMENT BY COUNSEL TO ENTER PLEA

People v. Nocelotl, 211 Cal.App.4th 496, 149 Cal.Rptr.3d 706 (6th Dist. Nov. 28, 2012) ([T]he advice, persuasion, or expression of [a defendant's] attorney will not suffice to vitiate his plea, in the absence of some showing of corroboration by a responsible state officer [citations]. (People v. Toth (1964) 224 Cal.App.2d 130, 132, 36 Cal.Rptr. 417; see also In re Nunez (1965) 62 Cal.2d 234, 236, 42 Cal.Rptr. 6, 397 P.2d 998 [In the absence of an allegation of state involvement.

CAL POST CON " VEHICLES " MOTION TO WITHDRAW PLEA " MISTAKE OVERCOMING FREE JUDGMENT

People v. Nocelotl, 211 Cal.App.4th 496, 149 Cal.Rptr.3d 706 (6th Dist. Nov. 28, 2012) (Appellant, in effect, claimed that he had been operating under a mistake overcoming the exercise of his ... free judgment. (People v. Breslin (2012) 205 Cal.App.4th 1409, 1416, 140 Cal.Rptr.3d 906.) To prevail on this theory, he was required to show prejudice in that he ... would not have accepted the plea bargain had it not been for the mistake. [Citation.] ( Ibid.) Appellant did not carry his burden.

CAL POST CON " GROUNDS " BREACH OF PLEA AGREEMENT

People v. Nocelotl, 211 Cal.App.4th 496, 149 Cal.Rptr.3d 706 (6th Dist. Nov. 28, 2012) (Because a negotiated plea agreement is a form of contract, it is interpreted according to general contract principles. [Citation.] (People v. Segura (2008) 44 Cal.4th 921, 930, 80 Cal.Rptr.3d 715, 188 P3d 649.) The fundamental goal of contractual interpretation is to give effect to the mutual intention of the parties. [Citation.] If contractual language is clear and explicit, it governs. [Citation.] ( People v. Shelton (2006) 37 Cal.4th 759, 767, 37 Cal.Rptr.3d 354, 125 P.3d 290.)).

CAL POST CON " VEHICLES " EXPUNGEMENTS

People v. Johnson, 211 Cal.App.4th 252, 149 Cal.Rptr.3d 482 (4th Dist. Nov. 20, 2012) (affirming trial court's denial of defendant's motion to set aside where early termination of probation, standing alone, does not require relief, where defendant violated the prescribed conditions of probation during the probationary term, and because his period of probation was not terminated for good conduct, but, rather, terminated unsuccessfully because a prison term had been imposed on him in other felony cases).

CAL POST CON " STATUTORY CONSTRUCTION

People v. Johnson, 211 Cal.App.4th 252, 149 Cal.Rptr.3d 482 (4th Dist. Nov. 20, 2012) (rules of statutory interpretation).

The court described common rules of statutory construction as follows:

In interpreting this statute, we must ascertain the intent of the Legislature so as to effectuate the purpose of the law. ( People v. Lewis (2006) 146 Cal.App.4th 294, 298, 53 Cal.Rptr.3d 40.) The fundamental rule of statutory construction is that a court should ascertain the intent of the Legislature so as to effectuate the purpose of the statute as a whole. ( People v.

CAL POST CON " VEHICLES " EXPUNGEMENTS " MANDATORY EXPUNGEMENT

People v. Johnson, 211 Cal.App.4th 252, 149 Cal.Rptr.3d 482 (4th Dist. Nov. 20, 2012) (Under Penal Code section 1203.4, when a defendant has fulfilled the conditions of probation for the entire probationary period he or she is entitled as a matter of right to have the plea or verdict of guilty changed to one of not guilty, to have the proceedings expunged from the record, and to have the accusations dismissed. ( People v.

 

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