P. v. Perry CA6
Defendant Eric Dwayne Perry pleaded no contest to the charge of felony assault with means of force likely to create great bodily injury, in violation of Penal Code section 245, subdivision (a)(4), and to four misdemeanor charges of spousal battery with corporal injury, in violation of section 273.5, subdivision (a); he also admitted three prior strike convictions. Other charges were dismissed pursuant to the plea agreement. Perry sought dismissal of the strike priors under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 and moved, at several points in the proceedings, to appoint a new attorney under People v. Marsden (1970) 2 Cal.3d 118. The trial court denied the Romero request and the Marsden motions. In accordance with the plea agreement, the court sentenced Perry to four years in state prison and awarded credit for time served. Perry requested a certificate of probable cause, based on a detailed list of complaints about the handling of his case and his plea, which the
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