Knight

A jury convicted defendant and appellant Darius Trevor Knight of robbery (Pen. Code, § 211) and found not true the special allegation he inflicted great bodily injury on the victim. Because the robbery was his third strike within the meaning of Penal Code section 667, subdivisions (b)-(i), he was sentenced to a term of 25 years to life.

On appeal, defendant contends the trial court erred in a posttrial, presentence Marsden hearing when the trial court advised defendant , he would waive his right to remain silent if he discussed the circumstances of the robbery. Defendant contends the trial court’s warning effectively prevented him from fully articulating the reasons his counsel had been ineffective.

As we explain, we find that the judge’s warning was erroneous and that on this record we cannot conclude beyond a reasonable doubt that the error was harmless. We reverse and remand to the trial court for the limited purpose of conducting a Marsden hearing free of error.

FACTUAL BACKGROUND

Around 2:00 a.m., on June 13, 2012, a fast-food restaurant shift manager, Edgar Velasquez, and a coworker, Maria Escobar, were closing the restaurant. While the two employees were…