California Court of Appeal

In proceedings arising from a second-degree murder conviction pursuant to a no contest plea, denial of defendant's request for continuance to retain private counsel and to bring a motion to withdraw his plea is reversed as defendant cannot be found to have waived his presentence right in trial court to challenge the effectiveness of his counsel when the claimed ineffectiveness related to the advice he received at the time he entered the plea containing the purported waiver.

Appellate Information

• Decided 01/08/2010
• Published 01/08/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Elizabeth Campbell, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Stephen G. Herndon and Galen N. Farris, Deputy Attorneys General, for Plaintiff and Respondent.