PEOPLE v. EARP

No. B201309.

73 Cal.Rptr.3d 370 (2008)

160 Cal.App.4th 1223

The PEOPLE, Plaintiff and Respondent, v. Joey Wayne EARP, Defendant and Appellant.

Court of Appeal of California, Second District, Division Four.

March 11, 2008.


Attorney(s) appearing for the Case

Richard L. Fitzer, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and Paul' M. Roadarmel, Jr., Deputy Attorneys General, for Plaintiff and Respondent.


SUZUKAWA, J.

Defendant Joey Wayne Earp was sentenced to state prison pursuant to his no contest plea. Prior to sentencing, he sought to withdraw his plea. As will be illustrated below, his attempt set into motion a series of events that left the parties and the trial court thoroughly confused. Defendant complains that in the end, his constitutional right to counsel was violated. We agree and reverse the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

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