P. v. Arellano CA4/1
Defendant Abraham Pulchrio Arellano was charged with multiple offenses arising out of a 2016 incident in which he was alleged to have used force to sexually assault a 17-year-old girl in the back of his car. After two Marsden motions were denied, Arellano agreed to plead guilty to one count of forcible oral copulation (Pen. Code, § 288a, subd. (c)(2)(A)) with an attendant admission that he was ineligible for probation (Pen. Code, § 1203.065, subd. (a)). In exchange, the remaining charges against him were dismissed.
After his plea but before sentencing, Arellano brought a third Marsden motion to have his appointed counsel replaced. That motion was also denied. Based on his statements during the Marsden hearing, the trial court also denied a motion to withdraw his plea. It then sentenced him to a six-year prison term as stipulated in the plea agreement.
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