People v. Phu CA3

BACKGROUND

Defendant drove a vehicle containing approximately 19.4 grams of methamphetamine on January 26, 2012. He drove the vehicle for the benefit of the Tiny Rascal Gangsters street gang. In an amended consolidated information, the People charged defendant with various felonies and misdemeanors, and alleged a number of sentencing enhancements. Defendant moved the trial court to have his appointed counsel discharged pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden). The trial court denied the motion. Defendant pleaded no contest to transportation of a controlled substance (Health & Saf. Code, § 11379, subd. (a) -- count three) and admitted that he committed the crime for the benefit of a criminal street gang and that he was previously convicted of a serious or violent felony. Prior to sentencing, defendant moved to withdraw his plea based on ineffective assistance of counsel. The trial court held a closed hearing and ultimately denied defendant’s motion to withdraw his plea. Pursuant to the terms of the plea agreement, the trial court sentenced defendant to 11 years in state prison, dismissed the remaining charges, awarded presentence credit, and ordered defendant to…