P. v. Hutcherson CA5
Dartagnan Tadaryl Hutcherson (appellant) contends his drug and firearm possession conviction must be reversed because the trial court failed to conduct a hearing pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden) after appellant filed a presentence motion, listing a desire for a Marsden hearing, as a basis to withdraw his plea. Because the motion was, in substance, a challenge to the validity of the plea itself, we dismiss the appeal for failing to obtain a certificate of probable cause. (Pen. Code, § 1237.5.)
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