P.

INTRODUCTION

Defendant Michael Lamont Kent seeks remand to allow the trial court to hold a

Marsden1 hearing. The People agree that the matter should be remanded.

FACTS AND PROCEDURAL HISTORY

On February 16, 2011, defendant was charged with robbery (Pen. Code § 211,

count 1)2 and burglary of an inhabited dwelling (§§ 459, 667.5, subd. (c)(21), count 2).

A jury convicted him of both offenses on November 4, 2011.

As his sentencing hearing opened on January 13, 2012, defendant told the court

that he wished to make “A Motion of Ineffective Assistance of Counsel.” Defendant’s

attorney asked the court to respond to defendant as he (counsel) had never faced this

situation before and was unclear about exactly what his client wanted. The court

explained to defendant that a “Motion for Ineffective Assistance of Counsel” was an

issue to be brought up on appeal, not taken up in the trial court. And a Marsden motion

“ . . . is you no longer want this gentleman to be your attorney.” To this, defendant

responded, “Correct, Your Honor. Exactly.” The court then went on: “On the other

hand, if you don’t do that [Marsden] motion, and just go through with sentencing today,

you can…