Appellant argued on appeal that he would not have entered his pleas and admissions had his counsel informed him that the juvenile adjudications were not prior strikes. The Court of Appeal here affirmed. A defendant who pleads guilty and admits an enhancement is not entitled to withdraw his plea and admission because a subsequent judicial decision has reduced the maximum penalty. Counsel cannot be faulted for a lack of clairvoyance. There was no abuse of discretion where, in a prosecution for robbery, the court admitted appellant's prior misdemeanor conviction for sexual battery.
Sexual battery is a crime of moral turpitude.
The prior conduct was recent. Appellant's prior and present offenses were substantially different so that the prejudicial effect was limited. It must be assumed that the jury followed the instruction which told them to consider the evidence for impeachment purposes only. 2000 Central California Appellate Program. All rights reserved.