P. v. Gonzalez CA2/3
On the eve of trial, appellant Manuel Arturo Gonzalez faced several charges related to drug and gun possession and resisting arrest. He also had a plea offer under which he would admit to negligent discharge of a firearm, resisting a peace officer, and possession of methamphetamine in return for dismissal of other serious charges and recommendations that Gonzalez enter a residential substance abuse treatment program or serve a maximum term of two years in prison. Gonzalez balked and instead asked the trial judge to allow him to replace his retained attorney with a new attorney. The trial judge sent the matter out to another judge for what he characterized as a Marsden hearing, which is the procedure when a criminal defendant seeks to replace appointed counsel, not retained counsel.
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