Parnell

People v. Parnell

Good Law
17 Cal. App. 4th 1609·1993 Cal. App. LEXIS 854·22 Cal. Rptr. 2d 73·93 Daily Journal DAR 10976·93 Cal. Daily Op. Serv. 6427
Court of Appeal of CaliforniaAugust 19, 1993F018806California1,356 words

Opinion

Opinion

Franson, J.

Pursuant to a plea bargain, appellant was convicted of rape (Pen. Code, § 261, subd. (a)(2)) and sentenced to eight years in prison. In a previous appeal (F015491) appellant contended the trial court failed to provide a hearing when appellant requested new counsel. (See People v. Marsden (1970) 2 Cal.3d 118 [ 84 Cal.Rptr. 156 , 465 P.2d 44 ].) This court agreed, and in an unpublished opinion remanded the matter as follows: “The matter is remanded to the trial court for the limited initial purpose of the court conducting a Marsden hearing to allow defendant to state reasons for desiring the appointment of new counsel. If the court determines that good cause for appointment of new trial counsel has been shown, the judgment is reversed, and the court shall appoint new counsel and reset the matter for trial. Conversely, if the court determines that good cause has not been shown, the judgment is affirmed.”

Remittitur was filed in the trial court on June 23, 1992. Pursuant to a September 14, 1992, order of the trial court, the Marsden hearing was scheduled for September 24,1992. At the request of the defense, the hearing was continued to October 1, 1992. On the court’s own…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.