People v. Tolentino CA4/1

Filed 12/20/23 P. v. Tolentino CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081301

Plaintiff and Respondent,

v. (Super. Ct. No. JCF000902)

EDUARDO TOLENTINO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Imperial County, Poli Flores, Jr., Judge. Affirmed. Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Melissa Mandel and Genevieve Herbert, Deputy Attorneys General, for Plaintiff and Respondent.

Following a guilty plea to first degree murder (Pen. Code, § 187, subd.

(a)) and child abuse (id., § 273a, subd. (a)),1 Eduardo Tolentino appeals from the judgment. He specifically challenges the trial court’s denial of a motion that he made, prior to the entry of his guilty plea, to relieve his appointed counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden). We conclude that the trial court did not abuse its discretion in denying the Marsden motion. Accordingly, we affirm the judgment. I. FACTUAL AND PROCEDURAL BACKGROUND Tolentino shot and killed Daniel Hernandez on May 30, 2018, while

Hernandez was sitting in a vehicle at a gas station.2 A minor at the scene was shot in the leg. Tolentino apparently knew Hernandez based on their mutual history of gang membership. Hernandez’s brother claimed to have witnessed the killing. An amended information charged Tolentino with first degree murder (§ 187, subd. (a)) (count 1), shooting at an occupied motor vehicle (§ 246) (count 2), and child abuse (§ 273a, subd. (a)) (count 3). Counts 1 and 2 also included firearm use allegations (§§ 12022.53, subds. (b)–(d)). Tolentino was further alleged to have incurred a previous strike (§§ 667, subd. (d), 1170.12, subd. (b)) and two prior prison terms (§ 667.5, subd. (b)). According to the People, Tolentino faced a maximum sentence of 11 years plus 50 years to life based on the charges in the amended information.