P. v. Tholl CA3
After a jury trial, defendant Edward John Tholl was found guilty of committing numerous sex crimes against four minor victims over the course of 10 years. The trial court sentenced him to an aggregate term of 70 years eight months in state prison.
On appeal, defendant contends the judgment must be reversed because the trial court erred in denying his postconviction motion for the appointment of substitute counsel under People v. Marsden (1970) 2 Cal.3d 118 (Marsden), there was insufficient evidence to support two of his convictions, the trial court committed instructional error, the prosecutor engaged in misconduct by violating a pretrial order and misstating the law to the jury, the trial court erred in requiring him to testify before his defense expert, and the trial court incorrectly calculated his presentence custody credits. We agree with defendant that the trial court erred in denying his Marsden motion. The error requires conditional reversal.
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