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People v. Oscar)

Supreme Court of California
Feb 2, 2011

Prior Report: Cal.App., 116 Cal.Rptr.3d 871

Petition for review granted; issues limited.

The petition for review is granted.

The issues to be briefed and argued are limited to the following: (1) When a defendant indicates after conviction the intention to move to withdraw a plea on the ground of ineffective assistance of counsel, is the trial court obligated to conduct a hearing on the issue whether to discharge counsel for all purposes and appoint new counsel ( People v. Marsden (1970) 2 Cal.3d 118, 84 Cal.Rptr. 156, 465 P.2d 44)? (2) Was defendant required to obtain a certificate of probable cause (Pen.Code, ยง 1237.5) in order to raise this issue on appeal?