P.

DISCUSSION

Relying of People v. Sanchez (2011) 53 Cal.4th 80, 90 (Sanchez), Villareal

contends the trial court prejudicially erred in appointing "separate" counsel to consider

his possible motion to withdraw his plea, without first conducting a Marsden motion. He

asserts he was prejudiced simply because the court granted the request for separate

counsel without conducting a Marsden hearing. He does not identify any other prejudice

he might have suffered.

A. Legal Principles.

In Sanchez, the Supreme Court disapproved the process, used by many courts, of

appointing new counsel for a possible new trial motion, or motion to withdraw a plea,

and then reappointing trial counsel if such a motion is not successfully brought. The

court held that trial courts should first conduct a Marsden hearing on the defendant's

request and then either deny the request or appoint new counsel for all purposes.

Villareal's appointed counsel, Mr. Brian Bill, was not present at the time of sentencing. Another attorney from the Public Defender's office was "standing in" for Mr. Bill. In his Marsden hearing, Villareal requested that he be represented by Mr. Bill. However, no…