P. v. Baker
Paul Dwight Baker was sentenced to five years eight months state prison pursuant to a written plea agreement in which he pled no contest to "wet" reckless driving (Veh. Code, 23103/23103.5), receiving stolen property (Pen. Code, 496, subd. (a)), driving when his license was suspended for a prior DUI (Veh. Code, 14601.2, subd. (a)), and failure to appear while on bail with an out-on-bail enhancement (Pen. Code, 1320.5; 12022.1, subd. (b).)[1] He appeals, claiming that he was denied the right to bring a motion to withdraw his plea and that the trial court should have appointed a new attorney to argue the motion. ( 1018.) Court affirm. A defendant is not entitled to "substitute counsel on demand" after the trial court conducts a Marsden hearing (People v. Marsden (1970) 2 Cal.3d 118) and finds that defendant received effective assistance of counsel in negotiating the plea. (People v. Smith (1993) 6 Cal.4th 684, 694-696.)
Comments on P. v. Baker