People v. Ellis CA4/1

Filed 5/8/14 P. v. Ellis CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D064978

Plaintiff and Respondent,

v. (Super. Ct. No. SCD246881)

TOMMY LAMONT ELLIS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Eugenia

Eyherabide, Judge. Affirmed.

Barbara A. Smith, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance by Respondent.

Tommy Lamont Ellis entered into a plea agreement under which he pleaded guilty

to transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a)). The parties

agreed to dismiss the balance of the charges and stipulated to a term of three years, stayed

pending completion of drug court probation. Ellis was found not suitable for drug court.

Ellis requested and received a hearing pursuant to People v. Marsden (1970)

2 Cal.3d 118, ostensibly to seek removal of trial counsel. At the hearing Ellis did not

request replacement of counsel but argued for a drug program. Ellis was sentenced to the