People v. Walker CA4/1

STATEMENT OF FACTS

Since this appeal arises from a guilty plea and does not challenge the sufficiency

of the evidence we will only include a brief summary of the facts from the transcript of

the preliminary hearing in order to provide context for the discussion that follows.

All further statutory references are to the Penal Code unless otherwise specified.

People v. Marsden (1970) 2 Cal.3d 118 (Marsden). 2 On April 10, 2013, Walker approached a man on a street corner in El Cajon.

Walker asked the man for a cigarette, but the man did not have one. Walker then asked

for 50 cents. The man responded that he did not have any money. Walker then yelled at

the man and said, "then get off my street." Walker followed the man across the street and

the man then used his phone to call 911.

Walker grabbed the phone from the victim and struck him in the face. When

police arrived they searched Walker and found the victim's phone in his possession.

Walker admitted the phone was not his.

DISCUSSION

Although appellate counsel divides the arguments into three parts, at base Walker

contends his counsel was ineffective and that the court should have at least allowed…