P. v. Roach CA4/1
John Jay Roach entered into a plea agreement in which he pleaded guilty to one count of burglary of an inhabited dwelling (Pen. Code, §§ 459, 460, subd. (a)). Roach also admitted two serious felony prior convictions (§ 667, subd. (a)(1)) and one strike prior (§ 667, subds. (b)-(i)). The parties stipulated to a 14-year term in prison as part of the plea agreement.
Prior to sentencing Roach moved to withdraw his guilty plea. After trial counsel was removed following a Marsden hearing, new counsel was appointed and a motion to withdraw the plea was heard. Following three hearings on the motion, the court denied it. Thereafter a fourth hearing took place in which Roach represented himself. The court again denied the motion. The court sentenced Roach to a 14-year term as anticipated by the plea agreement.
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