People v. Valle CA5

Filed 9/8/14 P. v. Valle CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F067347 Plaintiff and Respondent, (Super. Ct. No. 11CM8990) v.

JOSE LUIS VALLE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Donna Tarter, Judge. Susan K. Shaler, under appointment by the Court of Appeal, Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Kari Ricci Mueller, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Cornell, J. and Gomes, J.

Defendant José Luis Valle pled guilty to first degree murder (Pen. Code, §§ 187, subd. (a), 189) and admitted various allegations in exchange for a 50-year-to-life sentence. On appeal, he contends the trial court erred by failing to hold a Marsden1 hearing after he expressed dissatisfaction with his appointed defense counsel at the sentencing hearing. We conclude defendant never clearly indicated that he wanted substitute counsel. Accordingly, we affirm. BACKGROUND At the sentencing hearing on March 22, 2013, the following occurred:

“[THE COURT:] [Defense counsel], how would you like to proceed?

“[DEFENSE COUNSEL]: Your Honor, I know the family of the victim is here and this is the second time they have appeared. My client has informed me that on the date the plea was taken that he was under the influence of alcohol to the point he really was not capable of making a proper decision, and that’s where we are.

“THE COURT: All right. [Defendant], you’re requesting—well, first of all, [defendant], what exactly are you requesting?

“THE DEFENDANT: To withdraw my plea and for me to go to trial.

“THE COURT: And based on what, [defendant]?

“THE DEFENDANT: I feel my—my judgment was hindered due to me drinking.