(Super. Ct. No. TF035604B)
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 appeal, defendant Bret Bailey Owens challenges his sentence of six years in prison pursuant to a plea agreement after he violated probation. He further contends the trial court abused its discretion in denying his motion to withdraw his guilty plea. Finding no merit in defendant's arguments, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In August 2009, defendant was charged with assault with a deadly weapon and second degree robbery along with two sentence enhancements: 1) personal use of a firearm (10 years; former Pen. Code, § 12022.53, subd. (b)); and 2) being armed with a firearm during the commission of a felony (one year; Pen. Code, § 12022, subd. (a)(1)).
On January 25, 2011, defendant pled guilty to the robbery charge and admitted the armed with a firearm enhancement in exchange for dismissal of the assault charge and the personal use enhancement. The details of the plea agreement are convoluted and unconventional:
"[Defense counsel]: So it -- it's understood that he's going to get the six years in prison if he fails to -- if he runs from Delancey Street or fails to complete the program.
"It's also his understanding for committing the robbery, that if Delancey doesn't take him, he's just going to do four years state prison, and that this is going to be true, that it is one strike.
"And I'll let the clerk recite the enhancement that he's admitting to.
"THE COURT: Okay. What'd I'd like to do with Mr. Owens today is today to sentence him to the four years state prison, which will be the mid term of three, but hold off execution.
"I'll release him to your custody to Delancey Street and then we'd come back. And then we can talk about if I'm going to say the upper term of six or if it's ...