People v. Diaz CA2/7

California Court of Appeal Apr 14, 2021 No. B301372MUnpublished

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Holding. The court held that the trial court did not abuse its discretion in denying the defendant's Marsden motion because the requested legal actions were outside the scope of the appointed counsel's representation, and the defendant had no right to counsel for resentencing as he had not been found eligible.

Issues

Did the trial court abuse its discretion in denying the defendant's Marsden motion to replace appointed counsel?
Was the defendant denied his right to counsel regarding his motion for resentencing?

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The superior court did not abuse its discretion in denying the Marsden motion.”

“A right to counsel does not attach until a defendant is found eligible for resentencing.”

Filed 4/14/21 P. v. Diaz CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B301372

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA040340) v. ORDER MODIFYING JOSE DIAZ, OPINION (NO CHANGE IN Defendant and Appellant. APPELLATE JUDGMENT)

THE COURT: It is ordered that the opinion filed herein on April 12, 2021 be modified as follows: On page 1, Michael D. Abzug, Judge is changed to Alan B. Honeycutt, Judge. There is no change in the appellate judgment.

PERLUSS, P. J. SEGAL, J. FEUER, J.

Filed 4/12/21 P. v. Diaz CA2/7 (unmodified opinion) NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

People v. Diaz CA2/7

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B301372

PERLUSS, P. J. SEGAL, J. FEUER, J.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B301372

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JOSE DIAZ,

SEGAL, J.

FEUER, J.

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