People v. Brown

California Court of Appeal Jul 28, 2009 No. C059314Published

Before: Nicholson

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Holding. The court held that appointed counsel is not required to file a motion to withdraw a plea if counsel determines in good faith that the motion is meritless or frivolous. Consequently, a trial court is not required to order counsel to file such a motion.

Issues

Whether a trial court errs by not requiring appointed counsel to file a motion to withdraw a defendant's plea when counsel has determined there is no good cause for the motion.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Although criminal defendants are entitled to competent representation in the presentation of a motion to withdraw a plea, appointed counsel may properly decline to bring a meritless motion.”

“As counsel is not required to make futile, baseless motions, the court is not required to order counsel to make such motions.”

[1471]

Opinion

NICHOLSON, J.

After pleading no contest to possession of cocaine base for sale, defendant Orione C. Brown sought to withdraw his plea. His attorney did not make a motion to withdraw the plea, as he found there was not good cause for such a motion. Defendant now appeals his conviction, contending the court erred in not requiring counsel to move to withdraw defendant’s plea. We affirm.

PROCEDURAL HISTORY

On September 24, 2007, defendant was charged with possession of cocaine base for sale and with unlawfully identifying himself as a police officer.

On October 1, 2007, defendant pled no contest to the possession charge. The parties stipulated to the low term of three years and the other charge was dismissed. Counsel advised the court that she and defendant had discussed the elements of the crime and any possible defenses, counsel had explained defendant’s rights, and had explained the direct consequences of a no contest plea. She was confident defendant understood those things and defendant affirmed he understood.

Some two months later, prior to sentencing, defendant informed the court he wanted to withdraw his plea. As the basis for this motion, defendant indicated he “didn’t have time to talk about the plea. It was only for one day.” The court appointed counsel to investigate the merits of the motion and “make a determination about whether there exists . . . good cause to allow [defendant] to withdraw [his] plea.”

At the January 30, 2008, hearing, appointed counsel advised the court: “Based upon my investigation and my examination of the records, there is no basis for withdrawing the plea.” Appointed counsel was relieved and the public defender was reappointed.

The public defender advised the court that defendant was not ready to be sentenced, as he wanted to file a writ of habeas corpus and a motion to withdraw his plea. The court advised defendant, “[Y]ou are represented by an attorney, and the attorney is responsible for making all strategic decisions in your representation. [][] Talk to your lawyer about that.” Defendant stated he had tried to speak with previously appointed counsel. The court denied

People v. Brown

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NICHOLSON, J.

PROCEDURAL HISTORY

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DISCUSSION

DISPOSITION

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