P.

P. v. Moen CA4/2

Good Law
Court of Appeal of CaliforniaJune 28, 2013E054987California5,425 words

Opinion

Opinion

I. INTRODUCTION

Defendant Christina Moen appeals from her conviction of child abuse (Pen.

Code,1 § 273d, subd. (a)) following the entry of her plea of guilty. Defendant states the

issues on appeal under a number of headings; however, most are variations on her central

argument that the documents relied on to establish the factual basis for her plea showed

that she was innocent of the crime. We reject that argument in all its variations.

Defendant further contends: (1) the hearing on her Marsden2 motion was inadequate to

address her concerns about her lawyer; (2) the trial court should have conducted a second

Marsden hearing when she requested to withdraw her plea; (3) the trial court erred in

inquiring of her attorney whether grounds existed for her to withdraw her plea; (4) her

request to withdraw her plea was not a violation of the plea agreement; (5) the imposition

of additional custody time violated section 1192.7 and the plea agreement; and (6) the

trial court should have recused itself from her request to withdraw her plea. We find no

merit in those contentions, and we affirm.

II. FACTS AND PROCEDURAL BACKGROUND

A. The Sheriff’s Report of the Crime3

On…

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