People v. Craig CA3

Filed 4/15/14 P. v. Craig CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Tehama) ----

THE PEOPLE,

Plaintiff and Respondent, C071729

v. (Super. Ct. Nos. NCR83073, NCR83441) PHILLIP JOHN CRAIG,

Defendant and Appellant.

Defendant Phillip John Craig pled guilty to possession of methamphetamine for sale (Health & Saf. Code, § 11378) and admitted two prior strike convictions (Pen. Code, §§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)).1 The trial court denied defendant’s motions to withdraw the plea and to dismiss one of the prior strikes. It sentenced him to serve 25 years to life in state prison.

1 Undesignated statutory references are to the Penal Code.

1

On appeal, defendant contends (1) the trial court erred in failing to conduct a Marsden2 hearing based on his motion to withdraw the plea and (2) his sentence should be vacated and remanded for resentencing under the Three Strikes Reform Act of 2012 (§§ 667, 1170.12, 1170.026, as approved by voters, Gen. Elec. (Nov. 6, 2012)) (Proposition 36) because Proposition 36 is retroactive. We conclude defendant did not clearly indicate he wanted substitute counsel in his motion to withdraw his plea. Thus, the trial court was not obligated to conduct a Marsden hearing. We also reject defendant’s contention that Proposition 36 applies to his sentence. Based on the reasons stated by the court in People v. Yearwood (2013) 213 Cal.App.4th 161 (Yearwood), we conclude Proposition 36 is not retroactive and does not apply to defendant’s sentence. Accordingly, we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND On February 7, 2012, defendant was arrested on an outstanding felony warrant. Officers searched his car and found 42.1 grams gross weight of methamphetamine, 9.6 grams net weight of methamphetamine, 22.1 grams gross weight of marijuana, 3 packages containing 174.5 grams gross weight of marijuana, 7 pill vials containing a total of 122.3 grams gross weight of marijuana, 5 containers holding 660.8 grams gross weight of marijuana, 14 Soma pills, 5 hydrocodone pills, 15 marijuana cigarettes, 15 syringes, a scanner, digital scales, a two-bladed sword, and $1,102 in cash. About one month after the trial court denied defendant’s suppression motion, defendant asked the court for a hearing on “Removal of counsel and possibly appointed pro per with assistance of counsel.” The trial court conducted a Marsden hearing and denied the request.