People v. Villarreal CA5

FACTS AND PROCEEDINGS

Jesus Mario Villarreal, Jr., appellant, is before this court on his third appeal. 1 In Villarreal I, we found the trial court erred in failing to conduct an inquiry into appellant’s complaints about his trial court’s counsel and remanded the matter for the trial court to conduct a Marsden2 hearing. On remand, the trial court denied appellant’s Marsden motion to substitute his trial counsel. In Villarreal II, this court concluded that the trial court erred in denying appellant’s Marsden motion and we ordered the trial court on remand to grant the Marsden motion, appoint new trial counsel for appellant, and entertain any motion by appellant to withdraw his plea. After remand from his second appeal, the trial court granted appellant’s motion to withdraw his plea.3 On the day set for trial, November 12, 2013, appellant changed his not guilty pleas and entered into a new plea agreement. Under the terms of the plea agreement, appellant agreed to a sentence between 42 and 44 years to life. The trial court advised appellant of the consequences of his plea. The court further advised appellant of, and appellant waived, his constitutional rights pursuant to…