People v. Hall CA3

BACKGROUND

In July 2022, Hall and his girlfriend were in an argument in which he struck her in the eye, grabbed her arm, and, when she attempted to leave, pinned her against a wall, dislocating her shoulder. Hall was arrested and charged in Butte County Superior Court case No. 22CF03666 with inflicting a corporal injury on a spouse, cohabitant, or girlfriend (Pen. Code,1 § 273.5, subd. (a); count 1) and false imprisonment by violence (§ 236; count 2). In December 2022, the trial court held a Marsden2 hearing on whether to relieve Hall’s appointed counsel. The court denied the motion after finding that counsel’s evaluation of the case and communications with Hall were reasonable. Subsequently, another attorney was appointed to represent Hall. In January 2023, Hall pled guilty to the corporal injury offense in exchange for dismissal of the false imprisonment charge with a Harvey3 waiver and consideration for participating in Veterans Treatment Court; the matters of probation and sentencing were left to the trial court’s discretion. The parties stipulated to the probation report as the factual basis for the plea. Hall further stipulated that he waived his right to a jury or judge…