People v. Catu

OPINION OF THE COURT

Carol Berkman, J.

The defendant, charged with robbery in the second degree and driving while intoxicated, was convicted, by his plea of guilty, of attempted robbery in the second degree and operating a motor vehicle under the influence of alcohol as a felony and sentenced as a predicate felon on March 19, 1999, to a determinate sentence of three years for the attempted robbery, and a term of one year for driving under the influence, and a *624fine of $1,000. An appeal from this conviction is pending. On October 29, 2001, defendant filed a motion to vacate his conviction on the…