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The People v. Matthew Alexander Molina

December 6, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
MATTHEW ALEXANDER MOLINA, DEFENDANT AND APPELLANT.



(Super. Ct. No. 11F01850)

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

P. v. Molina

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Matthew Alexander Molina pleaded no contest to robbery (Pen. Code, § 211) felon in possession of a firearm (former Pen. Code, § 12021), felony evading an officer (Veh. Code, § 2800.2) and admitted a strike allegation (Pen. Code, §§ 667, subds. (b)-(i), 1170.12). After denying defendant's motion to withdraw the plea, the trial court imposed a stipulated term of 12 years eight months in state prison.

The trial court granted defendant's request for a certificate of probable cause. On appeal, defendant contends the trial court violated defendant's attorney-client privilege by requiring counsel give evidence against defendant's motion to withdraw his plea. We affirm the judgment.

FACTS AND PROCEEDINGS

We dispense with the facts of defendant's crimes as they are unnecessary to resolve this appeal.

During the colloquy for defendant's no contest plea, the trial court asked defendant: "Are you under the influence of alcohol/drugs/or medication right now?" Defendant answered: "I wish." The court replied: "But you are not?" Defendant responded: "No."

At the sentencing hearing, defendant told the trial court he wanted to make a motion pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden) and to set aside his plea "cause I'm on psychotropic medication and impairing my judgment." The trial court then heard and denied defendant's Marsden motion, a ruling he does not contest here. Turning to defendant's motion to withdraw his plea, the trial court asked defendant if there was anything about his plea that he wanted the court to consider other than his medication. Defendant replied, "No."

Defendant told the trial court he had been taking the drug Strattera for "ADHD" for about five months, including the day of his plea. He also took Adderall, Ritalin, and Risperdal since he was 14.

The trial court remarked that nothing from its memory of the plea proceedings or from the transcript "jumped out to the Court as being cause for concern, or that this defendant wasn't aware of what he was doing." The prosecutor agreed with the court's recollection, and remarked that defendant's motion was no more than "buyer's remorse which is not a legal ground to withdraw a plea."

The trial court asked defense counsel if there was anything he wanted to add regarding his perception of matters at the change of plea hearing. Counsel replied that he did not. The court and ...


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