People v. Ruvalcaba

Full title: THE PEOPLE, Plaintiff and Respondent, v. RAMIRO RUVALCABA et al.…

Court: California Court of Appeals, Second District, First Division

Date published: Feb 26, 2008

No. B196149 (Cal. Ct. App. Feb. 26, 2008)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. RAMIRO RUVALCABA et al., Defendants and Appellants. B196149 California Court of Appeal, Second District, First Division February 26, 2008

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Los Angeles County Super. Ct. No. MA032026

ORDER MODIFYING OPINION AND DENYING REHEARING NO CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on January 28, 2008, be modified as follows:

On page 4, the last paragraph, beginning with “Jorge stated,” through the first full paragraph on page 5, ending with “voluntarily and freely,” are deleted and the following paragraphs are inserted in their place:

People v. Marsden supra People v. Abilez Id Ibid

The record is clear that Jorge was given ample opportunity to explain the reasons for his request to substitute counsel. Jorge stated in his complaint that his counsel failed to file a motion to withdraw Jorge’s no contest plea based upon Jorge’s confusion over whether the plea agreement was a package deal. He thus was not denied a Marsden hearing.

People v. Crandell People v. Cruz Marsden

This modification does not affect the judgment. Defendant Jorge Ruvalcaba’s petition for rehearing is denied.

JACKSON, J.,^* VOGEL, Acting P. J., ROTHSCHILD

* Judge of the Los Angeles Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.