Filed 5/19/21 P. v. Methu CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, E073665 v. (Super.Ct.Nos. RIF1605517, RIM1616040, RIM1616041, WILLY L. METHU, RIM1616287, RIM1617968, RIM1618227, RIM1700158 & Defendant and Appellant. RIM1700387) OPINION APPEAL from the Superior Court of Riverside County. David A. Gunn, Judge. Affirmed. Kevin Smith, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra and Rob Banta, Attorneys General, Melissa Mandel and Adrian R. Contreras, Deputy Attorneys General, for Plaintiff and Respondent. 1 Defendant and appellant Willy L. Methu filed a motion to withdraw and/or vacate his conviction pursuant to Penal Code section 1016.5,1 which the court denied. On appeal, defendant contends the court erred in denying his motion. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND On November 10, 2016, defendant attempted to take property from another person by force and/or fear. The People charged defendant by felony complaint with attempted robbery (§§ 664, 211, count 1) and brandishing a knife (§ 417, subd. (a)(1), count 2). The People additionally alleged defendant personally used a deadly weapon in his commission of the count 1 offense (§§ 12022, subd. (b)(1), 1192.7, subd. (c)(23)), was ineligible for probation due to his previous convictions for burglary and felony vandalism, had suffered three prior prison terms (§ 667.5, subd. (b)), and had violated the terms of his mandatory supervision by his commission of the charged offenses (§§ 1170, subd. (h), 1203.2, subd. (b)). On February 28, 2017, defendant pled guilty to attempted robbery (§§ 664, 211, count 1) and admitted suffering a prior prison term (§ 667.5, subd. (b)).2 On March 10, 2017, pursuant to the negotiated disposition, the court sentenced defendant to an aggregate term of 28 months of imprisonment, consisting of the low term of 16 months 1 All further statutory references are to the Penal Code. 2 Defendant additionally pled guilty to eight separate misdemeanor offenses in seven separate cases, which included brandishing a knife (§ 417, subd. (a)(1)), interfering with a lawful business establishment (§ 602.1, subd. (a)), trespass (§ 602, subd. (o)), and five cases of petty theft (§ 488). Defendant also admitted that his commission of the offenses constituted a violation of his probation for felony vandalism. 2 on the attempted robbery charge followed by a consecutive, one year on the prior prison term.3 Pursuant to the plea agreement, the court dismissed the remaining count and allegations. On February 7, 2019, defense counsel filed a motion to vacate defendant’s conviction pursuant to section 1016.5. On March 4, 2019, the People filed an opposition. On March 25, 2019, defendant filed a declaration averring that when he pled guilty, …
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