Filed 5/20/14 P. v. Peralta CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B248394 (Super. Ct. No. 2010034214) Plaintiff and Respondent, (Ventura County) v. JOSEPH PERALTA, Defendant and Appellant.

Appellant Joseph Peralta was charged with second degree commercial burglary (Pen. Code, § 459),1 assault with a firearm (§ 245, subd. (a)(2)), unlawful transfer of a firearm (former § 12072, subd. (d)), dissuading a witness from testifying (§ 136.1, subd. (a)(1)), and four counts of street terrorism (§ 186.22, subd. (a)). Appellant also was charged with personally using a firearm in committing the assault (§§ 1203.06, subd. (a)(1), 12022.5), committing the assault for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)), and having suffered a prior strike conviction (§§ 667, subds. (a)(1), (c)(1), (e)(1), 1170.12, subds. (a)(1), (c)(1)). In exchange for a negotiated sentence, appellant waived his trial rights and pled guilty to the burglary, assault, and

Pursuant to the plea agreement, appellant was sentenced to an aggregate term of 17 years 8 months in state prison. Appellant filed a timely notice of appeal and obtained a certificate of probable cause. He contends that the trial court erroneously denied his motion to withdraw his plea. We disagree and affirm.

FACTS The facts underlying appellant's convictions are not relevant to the issue raised on appeal, so we need not discuss them in detail. At the preliminary hearing, the prosecution presented evidence that appellant stole approximately $150 from the Perfect Party store in Oxnard with preplanned assistance from a friend, Jessica Velasco, who worked there. Appellant entered the store, approached Velasco at the cash register, and told her to give him the money, gesturing toward his waistband as if to indicate that he had a gun. Velasco later confessed her involvement in the burglary when confronted by the police with a series of incriminating text messages.

Around two weeks later, appellant, a member of the El Rio Trouble gang, fired two rounds from a shotgun at a vehicle driven by Julio Hurtado, a member of the rival Can't Stop Rascals (KS) gang. A nearby resident heard the shots. Appellant sent text messages at the time of the shooting to a friend who lived nearby, stating that he "hit the car" and referencing Hurtado's gang moniker, Striker. Appellant's associate Charlie Cervantes told the police that he was driving appellant that evening and observed appellant shoot at a vehicle after recognizing its occupants as KS gang members.

The following month, appellant—then in custody on other charges— arranged for the sale of a .22-caliber revolver to a confidential informant. After being

Subsequent to being held to answer, appellant entered into a plea agreement on three of the charges and enhancements for a stipulated sentence of 17 years 8 months.

He could have received a term of 25 years 8 months. Prior to sentencing, appellant filed a self-prepared motion to withdraw his plea,3 which the trial court denied after a hearing.4 DISCUSSION Appellant asserts that defense counsel refused to share with him police reports containing information that would have caused him to reject the plea agreement and stand trial. Appellant also claims that his counsel improperly pressured him to accept the plea agreement. The trial court concluded that appellant had failed to show good cause for relief. The court found that appellant's statements in support of his motion to withdraw were "diametrically opposed to" the statements he had signed in the plea agreement. The court also pointed out that appellant's grounds for withdrawing his plea were vague, general statements that fell far short of the requisite clear and convincing evidence. (See People v. Williams (1998) 17 Cal.4th 148, 166.) In particular, appellant

The judgment is affirmed.

NOT TO BE PUBLISHED.

PERREN, J.

We concur:

GILBERT, P. J.

YEGAN, J.

Donald D. Coleman, Judge Superior Court County of Ventura

California Appellate Project, Jonathan B. Steiner, Richard B. Lennon, under appointment by the Court of Appeal; Joseph Peralta, in pro. per., for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, James William Bilderback II, Supervising Deputy Attorney General, Alene M. Games, Deputy Attorney General, for Plaintiff and Respondent.