People v. Obra CA3

FACTS

On September 25, 2012, the victim and defendant had a conversation outside his home during which defendant became very angry. He then physically assaulted the victim by punching her in the left ear and chest, head-butted her nose, grabbed at her neck, pulling off her necklaces, and then tried to drag her into the garage, saying he was going to kill her. The victim provided photos of her injuries to the police. One photo showed a bleeding nose and blood on her shirt. Law enforcement officers found defendant at the address provided by the victim. A search of defendant’s car revealed 17.92 grams of marijuana, about half of which was packaged into separate baggies.

DISCUSSION

Defendant contends the trial court abused its discretion in denying his motion (which he labels a Marsden motion) after he demonstrated he entered his plea without knowing the contents of the victim’s new statement given to the prosecutor. We reject defendant’s contention. Background At sentencing on January 10, 2013, the trial court conducted a hearing on what it labeled a “modified hybrid Marsden motion” (defendant’s motion to withdraw his plea based on ineffective assistance of counsel). During the…