P.

DISCUSSION

Our resolution of the issue defendant raises in this appeal does not depend on the

circumstances of defendant‟s crime, nor could it because the trial court denied

defendant‟s request for a certificate of probable cause. Only the procedural details of the

trial court proceeding are pertinent to defendant‟s claim on appeal and they reveal that on

the date originally set for his sentencing hearing, defendant requested a continuance so

his family could retain private counsel to explore the possibility of filing a motion to

withdraw his guilty plea. The trial court granted defendant‟s request, and continued the

sentencing hearing for 30 days.

At the continued sentencing hearing, defendant‟s court-appointed attorney

informed the trial court defendant wanted a different attorney appointed to represent him

in order to withdraw his plea based on incompetence of counsel, a motion counsel

2 described as a Sanchez1 hearing or a quasi-Marsden2 hearing. The trial court set that

hearing for later that same day.

At the outset of the hearing, the trial court ordered the courtroom closed to the

prosecutor, explained the Marsden process to defendant, and then gave defendant…