People v. Lawrence CA5

California Court of Appeal Dec 1, 2015 No. F068631Unpublished

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Holding. The trial court did not abuse its discretion in denying the defendant's Marsden motion for substitute counsel because the defendant failed to make a substantial showing that his appointed attorney was providing inadequate representation or that an irreconcilable conflict existed.

Issues

Did the trial court err in denying the defendant's Marsden motion for substitute appointed counsel?
Did the defendant establish that his appointed counsel provided inadequate representation or that an irreconcilable conflict existed?

Disposition. affirmed

Quotations verified verbatim against the opinion

“A Marsden motion is addressed to the discretion of the trial court, and a defendant bears a very heavy burden to prevail on such a motion.”

“The trial court did not abuse its discretion when it denied defendant’s Marsden motion.”

Filed 12/1/15 P. v. Lawrence 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068631 Plaintiff and Respondent, (Super. Ct. No. BF148218A) v.

RORY ROBERT LAWRENCE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Colette M. Humphrey, Judge. Steven A. Torres, 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 Jamie A. Scheidegger, Deputy Attorneys General, for Plaintiff and Respondent.

* Before Levy, Acting P.J., Peña, J. and Smith, J.

-ooOoo- Defendant Rory Robert Lawrence was convicted by no contest plea of felony domestic violence against his wife. On appeal, he contends the trial court erred in denying his Marsden1 motion for substitute appointed counsel. We affirm. BACKGROUND On May 1, 2013, defendant was charged with corporal injury to a spouse (Pen. Code, § 273.5, subd. (a)),2 with an allegation that he had suffered a prior conviction within the meaning of section 273.5, subdivision (e). He pled not guilty.3 On May 14, 2013, defendant rejected a plea offer of four years.4 On May 15, 2013, at the preliminary hearing, defendant pled no contest and admitted a prior conviction within the meaning of section 273.5, subdivision (e) and a prior felony conviction within the meaning of the Three Strikes law (§§ 667, subds. (b)- (i), 1170.12, subds. (a)-(d)), over the prosecutor’s objection. The trial court indicated sentence would be no more than one year as a term of felony probation, with the granting of a Romero5 motion to strike the prior felony conviction.6 On May 22, 2013, defendant filed a Romero motion.7 On June 13, 2013, after considering the probation report and the victim’s statement, the trial court denied the Romero motion and allowed defendant to withdraw his plea.8

1 People v. Marsden (1970) 2 Cal.3d 118 (Marsden). 2 All statutory references are to the Penal Code. 3 Defendant appeared with Public Defender Lolachi. 4 Defendant appeared with Public Defender Ratliff. 5 People v. Superior Court (Romero) 13 Cal.4th 497 (Romero). 6 Defendant appeared with Public Defender Ratliff. 7 Defendant appeared with Public Defender Ratliff. 8 Defendant appeared with Public Defender Ratliff.

People v. Lawrence CA5

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