P. v. Yochem CA2/4
Appellant Michael Lee Yochem pleaded guilty to assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1), with admission of two prior serious felony convictions (§ 667, subd. (a)(1)). Immediately before entry of his plea, the trial court denied his second Marsden motion to discharge his appointed trial counsel. Appellant obtained a certificate of probable cause, and argues on appeal the trial court erroneously denied his Marsden motion and that he should be permitted to vacate his plea. Appellant asserts any errors in the denial of his Marsden motion were not forfeited by the entry of his guilty plea because his contentions go to the “constitutional, jurisdictional or other ground going to the legality of the proceedings” under Penal Code section 1237.5. We disagree, and affirm.
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