Eastman

Defendant Jeffrey Todd Eastman, Jr., entered a negotiated plea of no contest to two counts of committing a lewd or lascivious act upon a child under the age of 14 (Pen. Code, § 288, subd. (a)). The plea agreement called for a 10-year stipulated sentence. At sentencing, Eastman’s attorney informed the court Eastman wanted to move to withdraw his plea and requested the court refer the matter for appointment of counsel. The court appointed a second attorney “for the specific grounds of determining [the] motion to withdraw.” After investigating the matter, the second attorney concluded there was no legal or factual basis upon which to file a motion to withdraw the plea and informed the court he would not be filing a motion on Eastman’s behalf. Eastman then presented the court with his own handwritten letter requesting the court to allow him to withdraw his plea and stating the grounds for the request. The court declined to rule on Eastman’s request and imposed the 10-year stipulated sentence. Eastman filed an appeal, and the trial court issued a certificate of probable cause. (§ 1237.5.)

On appeal, Eastman claims the trial court erred by (1) not holding a Marsden hearing…