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The People v. Clarence Bradley

April 25, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
CLARENCE BRADLEY, DEFENDANT AND APPELLANT.



(Super. Ct. Nos. 10F07719, 09F09224)

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

P. v. Bradley

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Midway through the sentencing hearing on defendant Clarence Bradley's no contest plea to transporting methamphetamine, resisting arrest, and driving under the influence, defense counsel told the trial court defendant "has stated to me he wants to file an ineffective assistance of counsel[.]" On appeal, defendant contends the trial court committed reversible error in failing to halt sentencing proceedings to conduct a Marsden hearing into his claim of defense counsel's inadequate performance.*fn1

We disagree and shall affirm the judgment.

BACKGROUND

Pursuant to a negotiated disposition, defendant pled no contest in case No. 10F07719 to transporting methamphetamine, and misdemeanor resisting arrest and driving under the influence, in exchange for a stipulated three-year prison sentence. He also admitted these offenses violated his probation in case No. 09F09224; his probation was revoked, and he was sentenced on the underlying methamphetamine possession charge to eight months in prison.

Before the scheduled sentencing hearing, defendant made a written motion to withdraw his plea (which motion is not in the record on appeal). Asked to explain the basis for the motion, defense counsel told the court defendant "feels he's getting too much time. I explained to him that that is not a legal basis" to withdraw the plea. The court denied the motion and proceeded with sentencing: it found defendant ineligible for probation, found certain factors in aggravation to exist, sentenced defendant to three years in prison in case No. 10F07719, and imposed restitution fines and a mandatory court security fee.

Defense counsel then interrupted: "Your Honor, [defendant] has stated to me he wants to file an ineffective assistance of counsel, but that would be done --

"The Court: That can be done on appeal, and I'm in the middle of sentencing here." The court then went on, in case No. 10F07719, to impose additional fees, require defendant to register as a convicted narcotic offender, and suspend his driving privileges; in case No. 09F09224, it sentenced him to state prison for a consecutive term of eight months and imposed various fines. After awarding presentence credits, the court asked defense counsel, "Anything further[?]" to which she answered "no."

DISCUSSION

Defendant contends on appeal that his assertion, through appointed counsel, that he had received inadequate representation "was pregnant with the implication that he sought to substitute new counsel" and ...


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