P. v. Kelly
Jason Monroe Kelly (appellant) was charged on August 8, 2008, in a second amended information[1] with one count of murder (Pen. Code, § 187).[2] It was further alleged that appellant had suffered a prior strike (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), that he personally and intentionally discharged a firearm (§ 12022.53, subd. (d)), and that he committed the murder while engaged in a kidnapping (§ 190.2, subd. (a)(17). On August 19, 2008, the trial court conducted a Marsden (People v. Marsden (1970) 2 Cal.3d 118) hearing and denied appellant's request for new counsel.
A year later, on August 20, 2009, the People amended the information to change the firearm enhancement to allege a violation of section 12022.53, subdivision (c). Then, pursuant to a plea agreement, appellant pled no contest to the murder charge and admitted the strike allegation, the firearm enhancement, and the allegation that the murder was willful, deliberate, and premeditated. The kidnapping allegation was dismissed.
On October 8, 2009, pursuant to the terms of the plea agreement, the trial court sentenced appellant to state prison for an aggregate indeterminate term of 70 years to life. Appellant sought and obtained a certificate of probable cause on December 9, 2009.
On appeal, appellant contends only that the trial court erred when it denied his Marsden motion. We disagree and affirm.
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