People v. Yang CA5

INTRODUCTION

Appellant Sor Yang was charged, in an information filed on June 26, 2012, with sexual intercourse or sodomy with a child 10 years of age or younger (Pen. Code, § 288.7, subd. (a), count 1)1 and a lewd or lascivious act on a child under the age of 14 years (§ 288, subd. (a), count 2). The information was filed after appellant was held to answer at the conclusion of a preliminary hearing on June 20, 2012. Appellant was represented by Franz Criego. Appellant brought a motion pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden) to have Mr. Criego relieved as his trial counsel. After a hearing on September 20, 2012, the trial court denied appellant’s Marsden motion. At the conclusion of a court trial on October 12, 2012, appellant was found guilty of both counts. On November 9, 2012, appellant was sentenced on count 1 to a prison term of 25 years to life. The court stayed appellant’s term of eight years on count 2 pursuant to section 654. Appellant contends the trial court erred in denying his Marsden motion. We affirm the judgment.

FACTS

Offense At the time of trial, G.X. was seven years old and attending the third grade. G.X. lived with her mother (P.X.), a…