California Court of Appeal

In a conviction of defendant for possession of a firearm by a felon and drug related crimes, defendant's claim that he was denied his right to bring a motion to withdraw his plea when his retained counsel announced he was unable to make the motion due to a conflict and the trial court refused to appoint new counsel for purposes of the motion is dismissed as, the defendant failed to obtain a certificate of probable cause as required by Penal Code section 1237.5.

Appellate Information

• Decided 01/26/2010
• Published 01/26/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Stephanie C. Brenan and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent.