P. v. Gilder
By a complaint deemed an information, defendant Marva Van Gilder was charged with arson of an inhabited structure (count 1; Pen. Code, 451, subd. (b)),[1] defrauding an insurer (count 2; 548, subd. (a)), and filing a false income tax return (count 3; Rev. & Tax. Code, 19706).
Defendant thereafter entered a no contest plea to count 2 pursuant to People v. West (1970) 3 Cal.3d 595 and North Carolina v.Alford (1970) 400 U.S. 25 [27 L.Ed.2d 162] in return for the dismissal of the other counts and a promise of no immediate state prison. The parties stipulated to the following factual basis for the plea: On February 14, 2005, . . . a fire was started within [defendants] house. The fire was incendiary in nature. It was for the purposes [sic] of defrauding the insurance company.
Defendant subsequently indicated that she wished to move to withdraw her plea. Deeming this request to fall under People v. Marsden (1970) 2 Cal.3d 118, the trial court held a Marsden hearing. Because trial counsel indicated that he did not think there were grounds to withdraw the plea and defendant stated she could work with counsel, the trial court directed counsel to work with defendant on a statement in mitigation.
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