People v. Surrell CA3

I. BACKGROUND

The substantive facts underlying defendant’s convictions are not recounted, as they are not relevant to the disposition on appeal. On January 30, 2018, defendant was arraigned on two cases alleging a total of four robberies, accompanying firearm enhancements, and prior strike convictions. Public defender Allison Williams represented defendant at the arraignment. Approximately one month later, defendant made a Marsden3 motion to relieve his appointed counsel. Ashley Burg was the public defender assigned to represent defendant after his case proceeded past arraignment and was his attorney when defendant made the Marsden motion. Defendant alleged that public defender Williams had continued the matter at the arraignment, against his wishes, as he had wanted to plead, go to preliminary hearing, and exercise his right to a speedy trial. He also stated that public defender Burg could have tried to contact him in the period when the matter was continued and inform him of what was happening in his case. Burg noted the seriousness of the charges defendant faced, the magnitude of discovery yet to be received, and defendant’s potential three strikes sentencing exposure. Given…