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The People v. Paul Noah Spohn

April 23, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
PAUL NOAH SPOHN, DEFENDANT AND APPELLANT.



(Super. Ct. No. 08F0125)

The opinion of the court was delivered by: Hull , Acting P. J.

P. v. Spohn

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Because the matter was resolved by plea, our statement of facts is taken from the probation officer's report. In October 2008, a trailer at the Hobart Creek Campground in Ruth, California was broken into and food was taken from the trailer. Around this same time, a stolen truck was recovered from the same campground.

The truck had been stolen from the Lewiston area. Witnesses provided a description of the driver that fit defendant Paul Noah Spohn. The victim of the trailer burglary examined the truck and identified several food items that had been taken from his trailer.

Officers from the California Highway Patrol and the Trinity County Sheriff's Department responded to these incidents. A United States Forest Service law enforcement officer located defendant. A search of his person yielded keys to the stolen truck.

In April 2009, defendant's appointed counsel, Frank O'Connor, opined that defendant was not competent to stand trial. Criminal proceedings were suspended and Dr. McGee Williams was appointed to evaluate defendant.

In June 2009, the matter was submitted on Dr. Williams's report. Defendant was found competent and criminal proceedings were reinstated.

Attorney O'Connor made an oral motion to be relieved as counsel. The motion was granted and attorney Wilson was appointed to represent defendant.

In March 2010, defendant made a Marsden motion as to attorney Wilson. (People v. Marsden (1970) 2 Cal.3d 118 (Marsden).) Attorney Wilson was relieved and attorney McNally was appointed to represent defendant.

In May 2010, defendant made a Marsden motion as to attorney McNally. That motion was denied.

In June 2010, defendant made a second Marsden motion as to attorney McNally. ...


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