P.

INTRODUCTION

On July 2, 2010, an information charged defendant and appellant Alcide Levont

Lewis Walker with murder (Pen. Code, § 187, subd. (a)),1 and included a special

allegation that he personally discharged a firearm causing death (§ 12022.53, subd. (d))

(count 1); second degree robbery (§ 211), including a special allegation that he personally

discharged a firearm causing death (§ 12022.53, subd. (d)) (count 2); possession of a

firearm by a felon (§ 12021, subd. (a)(1)) (count 3); and attempted murder (§ 664, 187,

subd. (a)), including a special allegation that he personally discharged a firearm causing

great bodily injury (§ 12022.53, subd. (d)) (count 4). The information further alleged one

prior prison term. (§ 667.5, subd. (b).)

On November 5, 2010, defendant made a Marsden2 motion requesting new

appointed counsel. After a hearing, the trial court denied the motion.

On January 19, 2011, jury trial commenced. On that same date, on a motion by

the prosecution and in the interest of justice, count 3 was dismissed (§ 12021,

subd. (a)(1)), and the prior prison term allegation (§ 667.5, subd. (b)) was stricken.

On January 24, 2011, pursuant to a written plea…