Makabali

Eldred J. Makabali appeals after he pled no contest to one count of lewd conduct with a child (Pen. Code, § 288, subd. (a)) and was sentenced to three years in prison. He contends an attorney specifically appointed to investigate possible ineffective assistance by appellant’s trial counsel was himself ineffective because he refused to file a motion to withdraw the plea. Consequently, he asks that we remand this case to the trial court to permit him to file a motion to withdraw his plea. We conclude the “conflict” attorney acted properly, and therefore affirm the judgment.

I

Facts

The facts of the offense are not relevant to the issues raised on appeal. Suffice it to say appellant lewdly fondled his daughter’s 11-year-old friend when she was visiting his home.

Appellant was charged with lewd conduct with a child, sexual battery, and rape by foreign object. (Pen. Code, §§ 288, subd. (a), 243.4, subd. (a), 289, subd. (a).) Pursuant to a plea bargain, he pled no contest to the lewd conduct charge, with a maximum possible sentence of three years. The district attorney dismissed the remaining charges.

On March 5, 1992, while appellant was awaiting sentencing, he appeared…