The People v. Cobb CA4/1

Filed 10/4/13 P. v. Cobb CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063554

Plaintiff and Respondent,

v. (Super. Ct. No. SCD245582)

JOSHUA LEE COBB,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Laura W.

Halgren, Judge. Affirmed.

Charles R. Khoury Jr., under appointment by the Court of Appeal, for Defendant

and Appellant.

No appearance by Plaintiff and Respondent.

As part of a plea agreement, Joshua Lee Cob entered a guilty plea to one count of

possession of a controlled substance while in the county jail (Pen. Code,1 § 4573.6). The

remaining count was dismissed and the court struck the alleged prison priors.

1 All further statutory references are to the Penal Code unless otherwise specified.

Prior to the sentencing hearing, Cobb made a motion under People v. Marsden

(1970) 2 Cal.3d 118 (Marsden), at which Cobb complained about the plea agreement and

raised the possibility of withdrawing his guilty plea. The court conducted an in camera