Filed 1/11/22 P. v. Bonilla CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E075432 v. (Super.Ct.No. RIF70936) MANUEL BONILLA, OPINION Defendant and Appellant. APPEAL from the Superior Court of Riverside County. John D. Molloy, Judge. Affirmed. Benjamin Kington, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Steve Oetting and Paige B. Hazard, Deputy Attorneys General, for Plaintiff and Respondent. 1 On remand from this court, defendant and appellant, Manuel Bonilla, filed an amended motion to withdraw or vacate his conviction pursuant to amended Penal Code1 section 1473.7 (Stats 2018, ch. 825, § 2), which the court denied. On appeal, defendant contends the court erred in denying his motion. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND 2 On September 25, 1996, the victim was sitting in the driver’s seat of his car at a gas station. Defendant and his cohort approached the victim’s driver’s side window; defendant asked for a cigarette. Defendant reached into the car and grabbed the victim’s cell phone from the dashboard; defendant and his cohort then ran to defendant’s car. The victim and his friend pursued them until defendant and several others exited the car and started coming toward the victim and his friend. The victim returned to his car. (People v. Bonilla, supra, E068880.) Defendant approached the victim and stabbed him several times. Defendant and his cohort fled the scene but were later apprehended by police. The victim identified defendant as the person who stole his cell phone and stabbed him. Officers recovered the victim’s cell phone from defendant’s residence. Two knives were recovered from underneath the driver’s seat of defendant’s car. (People v. Bonilla, supra, E068880.) 1 All further statutory references are to the Penal Code. 2 On the court’s own motion, we take judicial notice of the record in defendant’s appeal of his original motion pursuant to former section 1437.7 (Stats 2016, ch. 739, § 1). (People v. Bonilla (Feb 3, 2020, E068880) [nonpub. opn.]; Evid. Code, §§ 452, 459; Cal. Rules of Court, rule 8.1115(b).) We rely on that opinion for much of the factual and procedural background. 2 On January 23, 1997, the People charged defendant by information with robbery (§ 211, count 1) and assault with a deadly weapon (§ 245, subd. (a)(1), count 2). The People also alleged that defendant committed both counts while personally using a deadly weapon. (§§ 12022, subd. (b), 1192.7, subd. (c)(23).) (People v. Bonilla, supra, E068880.) On July 8, 1997, pursuant to a plea agreement, defendant plead guilty to the …
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