California Court of Appeal

10-year stipulated sentence based on negotiated plea no contest to two counts of committing a lewd or lascivious act upon a child under the age of 14, is conditionally reversed, as the court erred in: 1) not holding a Marsden hearing before appointing a second attorney to determine whether to file a motion to withdraw defendant's plea, as defendant requested; and 2) delegating the determination of the merits of such a motion to that attorney.

Appellate Information

• Decided 01/09/2007
• Published 01/09/2007

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Maureen L. Fox, Los Gatos, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Lloyd G. Carter and William K. Kim, Deputy Attorneys General, for Plaintiff and Respondent.