Lovings

People v. Lovings

Good Law
118 Cal. App. 4th 1305·13 Cal. Rptr. 3d 710·2004 Cal. App. LEXIS 796·2004 Daily Journal DAR 6211
Court of Appeal of CaliforniaMay 25, 2004A097686California2,873 words

Opinion

Opinion

Kay, J.

Derick E. Lovings (appellant) was charged with the murder of his sister, Regina Lovings (Pen. Code, § 187), in an information that alleged use of a dangerous weapon (§ 12022, subd. (b)), intentional infliction of great bodily injury (§ 1203.075), and a strike conviction of attempted voluntary manslaughter (§§ 667, subds. (a) and (e)(1), 1170.12, subd. (c)(1)). Appellant pled no contest to first degree murder, admitted the enhancements, and was sentenced to 52 years to life in prison. He contends that the court erred in denying two Marsden (People v. Marsden (1970) 2 Cal.3d 118 [ 84 Cal.Rptr. 156 ]) motions he made before entering the no contest plea. We conclude that any error in connection with the Marsden motions was waived by the plea, and therefore affirm the judgment.

I.

Appellant’s first appointed attorney, referred to herein as Jane Doe in view of the record of unproven sexual allegations by appellant against her, was succeeded as appointed counsel by Howard Harpham, who represented appellant at the preliminary hearing in June 2000. According to evidence at the hearing, Regina Lovings disappeared in November 1998. In December 1998, appellant told police where…

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