P. v. Whitfield
As a result of his involvement in an offense in which another individual shot at two rival gang members, defendant James Willard Whitfield pled no contest to attempted murder and admitted an enhancement for having served a prior prison term. In exchange for his plea, the remaining charges and enhancements, as well as another case, were dismissed with the understanding that defendant would be sentenced to eight years in state prison. He was sentenced in accordance with the plea agreement.
Defendant appeals, claiming the trial court erred by failing to make adequate inquiry during two Marsden[1]hearings as to whether there had been an irreconcilable breakdown in his relationship with his trial attorney. Court agree with the People that defendants contention is not cognizable on appeal absent a claim that his plea was not voluntarily and intelligently entered. Accordingly, Court dismiss the appeal.
Comments on P. v. Whitfield