People v. Valdez

Opinion

GRIGNON, J.

Defendant and appellant Alberto Valdez 1 appeals from a judgment of conviction following a certified guilty plea in municipal court to the sale of cocaine and an admission of a prior narcotics-related conviction. Defendant contends the superior court acted in excess of its jurisdiction when it denied his motion to withdraw his guilty plea, instead of remanding the matter to the municipal court for a hearing on the motion, as required by Penal Code section 859a. 2 We conclude the provisions of section 859a, concerning motions to withdraw guilty pleas, are mandatory, but not…