The California Supreme Court affirmed a decision of the court of appeal. The court held that, after a defendant has moved to withdraw his or her guilty or no contest plea based on alleged ineffective assistance of counsel, the trial court must conduct a Marsden hearing only where there is at least some clear indication by the defendant that he or she wants a new attorney. Further, the court held, that if the defendant makes a showing at the hearing that the right to counsel has been substantially impaired, substitute counsel must be appointed attorney of record for all purposes.
Luis Sanchez pleaded no contest to a charge of cultivation of marijuana. In exchange, Sanchez was promised a stipulated prison term. At sentencing, defense counsel stated that Sanchez wanted to withdraw his plea. The trial court appointed substitute counsel to assess a withdrawal motion. Subsequently, substitute counsel stated that Sanchez was adamant about withdrawing his plea, but that counsel did not see a legal basis for doing so.
