John Chiv: Horacio Miranda, while withdrawing your plea, lying to your current attorney about not being in court is not a good idea

Oct 29, 2017

Horacio Miranda, while withdrawing your plea, lying to your current attorney about not being in court is not a good idea

Horacio Miranda had plead guilty in a 2017 case; he was charged with second degree robbery and a special allegation that he used a pistol during the commision of the crime.

Miranda changed his mind before sentencing, got a private attorney and wants to withdraw his plea.

On October 26, he was in court. He is now being represented by Mr. Michael Acosta. Mr. Acosta mentioned Miranda's was only 19 and that he was not familiar with the criminal justice system.

Mr. Acosta argued that that Miranda entered the plea before preliminary hearing after only meeting only once with his attorney between arraignment and preliminary. Miranda told Mr. Acosta he was not in present in court for a particular hearing.

Deputy District Attorney Brent Kling appearing on behalf of the People said the minutes showed Miranda was present at that hearing. Mr. Kling said that Miranda had filled out and initialed a written plea form indicating he understood and voluntarily entered the plea.

Judge Dale Reinholtsen set a date on November 9 and asked both attorneys to provide declarations.