P. v. Schotl
Defendant Louis Schotl was convicted by plea of one count of possession of methamphetamine for sale (Health & Saf. Code, 11378), one count of possession of hydrocodone (Health & Saf. Code, 11350, subd. (a)), one count of possession of a firearm by a felon (Pen. Code, 12021, subd. (a)),[1] and one misdemeanor count of possession of a firearm with identification marks removed ( 12094, subd. (a)). As part of the plea agreement, the court dismissed two other counts. The court sentenced defendant to the lower term of 16 months in state prison for possession of methamphetamine for sale, imposed concurrent sentences of 16 months each for possession of hydrocodone and possession of a firearm, and sentenced defendant to 30 days in jail concurrent for possession of a firearm with identification marks removed.
On appeal, defendant contends he was denied effective assistance of counsel at the hearing on the motion to withdraw the plea because his attorney had a conflict of interest when he testified at the hearing, his attorney failed to present evidence that would have assisted defendant in prevailing on the motion, and his attorney failed to investigate his mental impairment. He argues the court violated his due process rights when it failed to respond to the conflict of interest and obtain a waiver. He asserts the court erred in ordering him to pay $500 in attorney fees for services rendered by the public defender. Court conclude defense counsel had a conflict of interest that deprived defendant of counsel when defense counsel testified at the hearing on the motion to withdraw the plea. Court therefore reverse the order on the motion to withdraw the plea and remand for further proceedings. Court also conclude the court erred in ordering the attorney fees and reverse the attorney fee order and remand to the trial court for further proceedings.
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