(Super. Ct. No. 10F08106)
The opinion of the court was delivered by: Robie , Acting P. J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
On November 28, 2010, defendant William Keith Hayward, Jr., got out of a car, approached a couple walking their dog, pointed a gun at them, and demanded their dog. The couple handed over their dog and Hayward got back into the car that his girlfriend, co-defendant Tamarra Ann Chace, was driving, and left the scene. A couple of weeks later, Hayward was arrested outside his apartment. Chace and the stolen dog were inside the apartment.
In a "package" agreement, Hayward pled no contest to robbery and personal use of a firearm and was sentenced to five years in state prison. Chace pled no contest to being an
accessory after the fact to robbery, and was placed on probation with one year in county jail and a recommendation for sheriff's work project.
Hayward and Chace appeal. Hayward contends the trial court erred in denying his motion to withdraw his plea. Counsel for Chace filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).) We address the issue raised by Hayward, in addition to undertaking a review of the record as to Chace as required by Wende. We affirm both judgments.
On December 30, 2010, Hayward and Chace were charged with two counts of robbery and one count of receiving stolen property. It was also alleged Hayward personally used a firearm in the commission of the robberies and Chace was armed with a firearm as a principal to the robberies. Accordingly, Hayward's maximum prison exposure exceeded 15 years and Chace's exceeded five years.
On January 20, 2011, both defendants entered into a plea agreement wherein Hayward agreed to plead no contest to robbery and admit personal use of a firearm with stipulated low terms on both for a total of five years in state prison.*fn1 Chace agreed to plead no contest to being an accessory after the fact, with the agreement that she would receive probation with one year in county jail. Should she violate probation, her maximum prison exposure would be three years. (§ 32.) The trial court questioned Hayward and Chace whether: 1) they understood their rights; 2) had been provided enough time to discuss the matter with their attorneys; 3) had not been promised anything other than what was stated in the record; 4) had not been threatened into entering their plea; and 5) that they were each entering their plea "freely and voluntarily after fully discussing [the] case" with their respective attorneys.
On May 4, 2011, prior to sentencing and after retaining new counsel, Hayward filed a motion to withdraw his plea. Attached to the motion, defendant declared the following:
"[A]t my first jail visit with my then attorney, Jeffrey Raven, he informed me that the offer from the District Attorney to settle my case was for both myself and my co-defendant [Chace] to both accept a negotiated settlement of three years in State Prison. This negotiated settlement would result in me having to enter a plea to take two strikes.
"[D]uring the first visit, I asked Mr. Raven if it was possible to get a year in County Jail in the alternative. He said that was out-of-the-question but he could inquire about me getting five years in State Prison and my ...