People v. Garcia

Opinion

COTTLE, J.

Defendant Romiro Ray Garcia seeks a limited reversal based on trial counsel’s refusal to pursue and argue defendant’s motion to withdraw his nolo contendere plea. We shall remand for further hearing on defendant’s motion for withdrawal in accordance with procedures hereinafter described.

Procedural and Factual History

Defendant was accused by complaint of one count of felony assault with a deadly weapon (Pen. Code, 1 § 245, subd. (a)(1)), with the personal infliction of great bodily injury (§ 12022.7), and the personal use of a dangerous weapon (§§ 667, 1192.7). The complaint…