P. v. Shaw
Warren Shaw was charged with numerous counts and enhancing allegations, including the charge in count 1 that he committed corporal injury to a spouse or cohabitant (Pen. Code, § 273.5, subd. (a))[1] and that he had been convicted of a prior violation of section 273.5, subdivision (a) within the meaning of section 273.5, subdivision (f)(1). The complaint specially alleged Shaw had three prison priors within the meaning of sections 667.5, subdivision (b) and 668, and one strike prior within the meaning of sections 667, subdivisions (b) though (i), 1170.12, and 668.
Shaw entered into a plea bargain pursuant to which he pled guilty to count 1 and admitted the prior strike conviction and one of the prison priors, in exchange for a stipulated five-year term in state prison and dismissal of the remaining charges and allegations. However, when he subsequently appeared for sentencing, Shaw made an oral Marsden motion[2] and also requested that his guilty plea be withdrawn. The
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