People v. Alexander CA2/2

DISCUSSION

I. The trial court did not abuse its discretion in denying appellant’s second Marsden1

motion Appellant argues that the trial court committed reversible error when it denied his second Marsden motion. Specifically, he claims that the trial court erred because he made a sufficient showing that his right to effective assistance of counsel would have been substantially impaired if his trial counsel continued to represent him during the post- sentencing phase. A. Relevant proceedings On November 5, 2012, appellant was represented by Victor Escobedo, an attorney with the Alternate Public Defender’s Office. The People had made appellant a plea offer that appellant and/or his attorney needed time to consider. At the next hearing on November 19, 2012, appellant brought a Marsden motion. Appellant complained that Mr. Escobedo was not filing any motions on his behalf, was working with the district attorney’s office, and just wanted appellant to accept a plea bargain. Mr. Escobedo stated that the evidence indicated that appellant was selling drugs from the residence, particularly the drug-related messages on appellant’s cell phone. Counsel believed that the People had made “a…