P. v. Price CA6
Code, § 11377, subd. (a)) and misdemeanor possession of controlled substance paraphernalia (former § 11364.1). He also admitted that he had one prior strike conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12). The trial court sentenced defendant to 32 months in prison, which was deemed satisfied by credit for time served.
On appeal, defendant contends the trial court abused its discretion by denying his post-plea Marsden motion. He argues that he was not receiving adequate legal representation, because his counsel failed to file a motion to withdraw the plea based on defendant’s unawareness at the time of the plea that he would have to wear an ankle monitor on parole. Defendant further argues that he had the right to seek withdrawal of his plea where legitimate grounds existed, even if his counsel did not believe it was in defendant’s best interest.
For reasons that we will explain, we will affirm the judgment.
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