People v. Jamison CA3

Filed 5/19/14 P. v. Jamison CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo)

THE PEOPLE, C073826

Plaintiff and Respondent, (Super. Ct. No. CRF112494)

v.

JEREMY JAMISON,

Defendant and Appellant.

Defendant Jeremy Jamison was sentenced to seven years in state prison for theft from an elder pursuant to a no contest plea. On appeal, defendant contends the trial court prejudicially erred by failing to hear his postplea but presentencing Marsden1 motion, in which he claimed his plea was involuntary because it was entered as a result of his attorney’s lies and manipulations of defendant. We reverse the judgment and remand the matter to the trial court to hold a hearing on defendant’s postplea Marsden motion.

1 People v. Marsden (1970) 2 Cal.3d 118 (Marsden).

1

FACTUAL BACKGROUND Because of the nature of the issue raised on appeal, the substantive facts are only briefly summarized. At a neighbor’s request, the 74-year-old-victim allowed defendant, who was homeless, to stay with her for a couple of weeks “until he could get set up with his own place.” One morning, the victim woke to find defendant and his possessions gone. Soon thereafter, the victim was notified of possible fraudulent activity against her credit card and discovered defendant had stolen her credit card and some of her gold jewelry. Defendant charged an Amtrak ticket and two nights at a local motel, among other things, to the victim’s credit card without her permission. Defendant also wrote a check against the victim’s bank account. PROCEDURAL BACKGROUND Defendant was charged with grand theft (Pen. Code, §§ 484, subd. (a), 487, subd. (a)2 -- count 1), unauthorized use of an access card (§§ 484g, 487, subd. (a) -- count 2), identity theft (§ 530.5, subd. (a) -- count 3), theft or embezzlement from an elder (§ 368, subd. (d) -- count 4), and possession of marijuana (Health & Saf. Code, § 11357, subd. (b) -- count 5). Defendant was also alleged to have a prior conviction for a serious felony (§ 667, subd. (e)(1)) and a prior prison term within five years prior to the current charges (§ 667.5, subd. (b)). Defendant was represented by appointed counsel Rodney Beede. Defendant initially entered a plea of not guilty and denied all enhancements on July 25, 2011. On March 22, 2012, defendant was deemed incompetent to stand trial and was committed to a state hospital for treatment. On October 4, 2012, proceedings recommenced. On February 4, 2013, defendant entered a plea of not guilty and not guilty by reason of insanity.