P.

Facts Appellant drank too much at an August 21, 2010 barbecue and decided not to drive home. Lacy N., a Navy coworker who had no romantic relationship with appellant, let appellant sleep on her couch. Lacy awoke in the middle of the night to find

1 All statutory references are to the Penal Code. Section 1018 provides in pertinent part: "On application of the defendant at any time before judgment or within six months after an order granting probation is made if entry of judgment is suspended, the [trial] court may . . . , for a good cause shown, permit the plea of guilty to be withdrawn and a plea of not guilty substituted." appellant orally copulating her. Lacey pushed him off, ran to the bathroom, and called 911. Appellant told Ventura Police Officer Jeff Brooke that he fell asleep on the couch and awoke upstairs in Lacey's bedroom. Appellant admitted that Lacey was asleep and that he orally copulated Lacey for five minutes before she woke up. Procedural History After Ventura County Deputy Public Defender Randy Tucker was appointed to represent appellant, appellant brought two Marsden motions (People v. Marsden (1970) 2 Cal.3d 118) because he and Tucker could not agree on…