California Court of Appeal

Trial court's conviction of defendant pursuant to a no contest plea to cultivation of marijuana, admitted allegations of prior conviction within the meaning of three strikes law, and admission that he violated probation in two other cases, and an imposition of an agreed-upon term of imprisonment of 32 months is reversed and remanded as, when a defendant announces his or her desire to make a motion for new trial or a motion to withdraw plea on the ground of ineffective assistance of counsel, the court should conduct a Marsden hearing to explore the reason underlying the request, and this is true even where the defendant or defense counsel requests the appointment of another attorney to explore the viability of the motion.

Appellate Information

• Decided 10/19/2010
• Published 10/19/2010

Judges

• DAWSON

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Eleanor M. Kraft, Edmund G. Brown, Jr.