People v. Spencer CA5

Filed 12/21/15 P. v. Spencer 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069368 Plaintiff and Respondent, (Super. Ct. No. BF151653A) v.

JOVAUN MONAY SPENCER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Colette M. Humphrey, Judge. Rachel Varnell, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Marcia A. Fay, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Poochigian, J. and Smith, J.

INTRODUCTION On April 4, 2014, defendant pled no contest to one count of unlawful possession of a firearm by a convicted felon and, pursuant to his plea agreement, was subsequently sentenced to a term of eight years in prison. Following the entry of his plea, defendant made a Marsden1 motion seeking the substitution of his appointed counsel. After a hearing on the matter, the superior court denied defendant’s motion. On appeal, defendant argues the superior court failed to sufficiently inquire into the specifics of defendant’s complaints concerning his trial counsel. We affirm. FACTS On December 4, 2103, an information was filed charging defendant with unlawful possession of a firearm (Pen. Code,2 § 29800, subd. (a)(1); count 1), carrying a loaded firearm in public (§ 25850, subd. (c)(3); count 2), carrying a concealed firearm (§ 25400, subd. (c)(3); count (3), participating in a criminal street gang (§ 186.22(a); count 4), and resisting a police officer (§ 148, subd. (a)(1); count 5). The information also alleged that defendant committed the firearm charges in furtherance of criminal street gang, and that defendant had a prior strike conviction, a prior serious felony conviction, and two prior prison terms. On April 4, 2014, defendant pled no contest to the unlawful possession charge—as well as the gang and prior strike allegations—in exchange for an eight-year prison sentence and the dismissal of the remaining charges and allegations Prior to sentencing, defendant filed a Marsden motion seeking the substitution of his appointed counsel. At a hearing on defendant’s motion, defendant informed the trial court that his counsel “didn’t help [him] at all,” and failed to file motions on his behalf. Specifically, defendant alleged he had gone to the law library and researched a motion to dismiss his charge for participation in a criminal street gang, but defense counsel had