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People v. Marlin11/30/2004
tual basis for the plea. Defendant initialed the following statement: "I have discussed the charge(s), the facts, and the possible defenses in my case with my lawyer. I have had enough time to discuss my case with him or her. In my discussions with my lawyer I have been truthful and I have stated all the facts and circumstances that are known to me about my case." The stipulated sentence was 15 years to life for count one with the terms for the other offenses as well as the cohabitant abuse charge in case No. P02CRF0001 to run concurrent to the term for second degree murder.
At the entry of the plea hearing, the court again went over the plea agreement. Defendant confirmed he had initialed the plea form, reviewed the information on the form with his attorney, and understood everything explained on the form. Defendant said he felt the murder charge was "overcharged" and he "would go for manslaughter with the enhancements at hand." The court asked, "I understand you may think that you have a basis for contesting the murder charge, but you are willing to plead as you've indicated here; is that correct?" Defendant answered it was. The court then proceeded to review the plea form with defendant who said he understood and gave up his rights. With respect to the factual basis for the plea, defense counsel stated the parties had agreed to adopt the facts set forth in the preliminary hearing transcript. The court stated that it would read the transcript prior to sentencing "to validate the factual basis for the more serious charges." Defendant then entered his no contest plea to the charges.
At the first sentencing hearing on January 24, 2003, the court stated it had received, but not filed, a copy of what the court described as defendant's "motion to withdraw his plea" and said it had forwarded the document to defendant's attorney because "[defendant] can't act as his own attorney when he has an attorney of record." Defense counsel stated defendant had been in contact with Sacramento area lawyers who, defense counsel believed, had caused defendant to have "some misconceptions." Defense counsel asked for the sentencing to be continued because he had some information for defendant "that may well satisfy his concerns." The court continued sentencing for a week.
*3 At the continued sentencing hearing on January 31, 2003, defense counsel stated defendant was requesting he be allowed to withdraw his plea. The trial court said defendant was required to state sufficient legal grounds to support such a request and his attorney said defendant believed he had received ineffective assistance of counsel. The court also told defendant he had to make his request to withdraw his plea pursuant to a written and noticed motion. Further discussion took place and the trial court asked if the defense attorney was suggesting this was "in the nature of some kind of Marsden [People v. Marsden (1970) 2 Cal.3d 118, 84 Cal.Rptr. 156, 465 P.2d 44 (Marsden ) ] request" and defense counsel said it was. Thereafter, the court, the defense attorney, and the defendant retired to the judge's chambers to further discuss defendant's request.
In chambers, defendant generally stated his dissatisfaction with the fact his attorney had not undertaken an accident scene investigation focused on the victim's ability to stop her car in order to avoid the accident when defendant came into her lane. His attorney defended his tactics and explained why, in his view, such an investigation would not have aided defendant's case. Defendant's attorney stated however that, even after further investigation into the law, he was "not in favor of withdrawing the plea" because he was convinced defendant would be convicted as charged. The court told defendant his attorney was "in charge of the ta
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