Voit

*1358 Opinion

1. Introduction

After a preliminary examination, an information charged defendant Edward Owen Voit with six counts of lewd and lascivious conduct (Pen. Code, § 288, subd. (a)) 1 involving three boys. 2 Due to an allegation of multiple victims, defendant faced a potential sentence of 90 years to life under the “One Strike” statute (§ 667.61). 3 Facing these charges, defendant, then age 51, agreed to plead no contest to six different charges and to be sentenced to a determinate term of 36 years in prison with the One Strike allegation dropped. Accordingly, defendant entered six separate no contest pleas to six counts of lewd and lascivious conduct involving the use of force, violence, duress, menace, and fear of immediate and unlawful bodily injury (§ 288, subd. (b)(1)) and he admitted that each count involved substantial sexual conduct (§ 1203.066, subd. (a)(8)). Defense counsel concurred in the pleas and stipulated that the preliminary hearing transcript contained a factual basis for the pleas.

Almost four months later, defendant submitted a letter asking to replace his attorney and to withdraw his no contest pleas. After conducting a People v. Marsden (1970) 2…