P.

FACTS AND PROCEDURE

On April 4, 2012, the People filed a complaint alleging defendant had unlawfully

transported methamphetamine (Health & Saf. Code, § 11379, subd. (a)), possessed

methamphetamine for sale (Health & Saf. Code, § 11378), possessed heroin (Health &

Saf. Code, § 11350) and received stolen property—a license plate (Pen. Code, § 496,

subd. (a)).

On April 11, 2012, pursuant to a plea agreement, defendant pled guilty to the

transporting methamphetamine and receiving stolen property charges in exchange for the

People dismissing the other two charges. Also pursuant to the plea agreement, the trial

court sentenced defendant to four years for transporting methamphetamine and a

concurrent term of three years for receiving stolen property. The first two years are to be

served in local custody and the last two years on supervised release. Defendant was

ordered to pay an attorney fee of $119.50 and a booking fee of $450.34.

On May 17, 2012, in a closed hearing held under People v. Marsden (1970) 2

Cal.3d 118, defendant sought to withdraw his plea on the ground that he “was kicking

2 methadone . . . [and] I was not all in my right mind when I took the plea. I was…