Filed 6/6/22 P. v. Medina CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE THE PEOPLE, B312251 Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA159448 v. LEONEL MEDINA, Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County. William C. Ryan, Judge. Affirmed and remanded with directions. Corey J. Robins, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent. _________________________ In 1998, Leonel Medina pleaded guilty to two felony counts, and the trial court sentenced him to two years in prison. More than 20 years later, Medina filed a motion to vacate the pleas and convictions, arguing the trial court failed to make a sufficient inquiry into the factual basis for the pleas and referred to the wrong statute while taking one of the pleas. The superior court construed the motion as a petition for writ of error coram nobis, which it denied after finding Medina failed to show due diligence. On appeal, Medina argues the court abused its discretion in denying his motion. We affirm the order and remand the case with directions to correct an error in the abstract of judgment. FACTUAL AND PROCEDURAL BACKGROUND In December 1997, the People filed a felony information charging Medina with assault on a peace officer (Pen. Code, § 245, subd. (c); count 1) and possession for sale of a controlled substance (Health & Saf. Code, § 11351 1; count 2). At a hearing in April 1998, Medina’s counsel informed the court that “we decided to accept the People’s offer.” The prosecutor told the court the People agreed to reduce count 1 to a non-strike violation of Penal Code section 245, subdivision (a). The prosecutor also represented that Medina agreed to plead guilty to counts 1 and 2 in return for a total sentence of two years. The term on count 1 would run concurrent with the term on count 2, which would be the base term. Medina confirmed the agreement. The trial court took Medina’s waivers. Defense counsel joined in the waivers, concurred in the pleas, and stipulated 1 All future unspecified statutory references are to the Health and Safety Code. 2 to a factual basis for those pleas. The court then asked Medina how he pleaded to “felony information . . . count I as amended 245(a), and count II, 11350 of the Health and Safety Code.” Medina responded, “[g]uilty.” No one pointed out to the court that the information …
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