People v. Herina CA3

DISCUSSION

In light of the limited issues raised on appeal, we dispense with a recitation of the underlying facts as they are irrelevant to the resolution of this appeal. A. Marsden Hearing Defendant assserts reversal is required because the trial court failed to conduct a Marsden hearing prior to sentencing. We agree. “[A] trial court must conduct . . . a Marsden hearing only when there is at least some clear indication by the defendant, either personally or through counsel, that defendant wants a substitute attorney. . . . [I]f a defendant requests substitute counsel and makes a showing during a Marsden hearing that the right to counsel has been substantially impaired, substitute counsel must be appointed as attorney of record for all

People v. Marsden (1970) 2 Cal.3d 118 (Marsden). A so-called Marsden hearing is typically conducted outside the presence of the public, the jury, and the prosecution and allows the defendant an opportunity to convey to the court reasons he should be appointed new counsel. (See People v. Lopez (2008) 168 Cal.App.4th 801, 814-815.)

2 purposes.” (People v. Sanchez (2011) 53 Cal.4th 80, 84 (Sanchez).) “[A]t any time during criminal…