P. v. Johnson
Defendant Dana Ray Johnson pleaded no contest to sale of marijuana (Health & Saf. Code, 11360, subd. (a)) in exchange for an agreement that he would be placed on probation and receive 90 days in jail and a recommendation that the jail sentence could be served on county work project. Following his plea, defendant brought a Marsden[1] motion, seeking to have his appointed attorney relieved and to substitute alternate counsel. Defendants motion was denied. The trial court sentenced defendant in accordance with the plea agreement. According to the probation report and the factual basis stated by defendant at the time of his plea, the charge stemmed from an incident in which an undercover police officer asked defendant if he had any marijuana, and defendant replied he did not but his boy ha[d] some. Defendant left, returning shortly thereafter with the codefendant, who sold the officer three-quarters of a gram of marijuana. Defendant appealed, and his request for a certificate of probable cause was granted.
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