Fear Not Law Articles: PEOPLE v. EASTMAN

PEOPLE v. EASTMAN

Filed 1/9/07

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

JEFFREY TODD EASTMAN, JR.,

Defendant and Appellant.

F049395

(Super. Ct. No. 28799)

OPINION

THE COURT^*

APPEAL from a judgment of the Superior Court of Merced County. Frank Dougherty, Judge.

Maureen L. Fox, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Lloyd G. Carter and William K. Kim, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

Defendant Jeffrey Todd Eastman, Jr. entered a negotiated plea of no contest to two counts of committing a lewd or lascivious act upon a child under the age of 14 (Pen. Code, § 288, subd. (a)).^{^[1]} The plea agreement called for a 10-year stipulated sentence. At sentencing, Eastman's attorney informed the court Eastman wanted to move to withdraw his plea and requested the court refer the matter for appointment of counsel. The court appointed a second attorney â€

Description	When defendant's attorney, at time set for sentencing, stated that defendant wanted to withdraw his plea, and defendant provided the court with a letter detailing alleged misconduct by the attorney, defendant made a clear and unequivocal request to discharge and replace his attorney and it was error for court not to hold a Marsden hearing.
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