People v. Villarreal CA5

Filed 3/16/15 P. v. Villarreal CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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

THE PEOPLE,

Plaintiff and Respondent, F068735

v. (Super. Ct. No. 1092502)

JESUS MARIO VILLARREAL, JR., OPINION

Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Stanislaus County. Ricardo Cordova, Judge. Jeffrey S. Kross, under appointment by the Court of Appeal, for 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 Marcia A. Fay, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

 Before Levy, Acting P.J., Detjen, J., and Smith, J.

1

FACTS AND PROCEEDINGS Jesus Mario Villarreal, Jr., appellant, is before this court on his third appeal. 1 In Villarreal I, we found the trial court erred in failing to conduct an inquiry into appellant’s complaints about his trial court’s counsel and remanded the matter for the trial court to conduct a Marsden2 hearing. On remand, the trial court denied appellant’s Marsden motion to substitute his trial counsel. In Villarreal II, this court concluded that the trial court erred in denying appellant’s Marsden motion and we ordered the trial court on remand to grant the Marsden motion, appoint new trial counsel for appellant, and entertain any motion by appellant to withdraw his plea. After remand from his second appeal, the trial court granted appellant’s motion to withdraw his plea.3 On the day set for trial, November 12, 2013, appellant changed his not guilty pleas and entered into a new plea agreement. Under the terms of the plea agreement, appellant agreed to a sentence between 42 and 44 years to life. The trial court advised appellant of the consequences of his plea. The court further advised appellant of, and appellant waived, his constitutional rights pursuant to Boykin/Tahl.4 Appellant pled no contest to all eight counts of the original information.5