In a prosecution of defendant for possession of a firearm by a felon and drug related crimes, defendant's appeal based on a claim that he was denied his right to bring a motion to withdraw his plea when his retained counsel announced he was unable to make the motion due to a conflict and the trial court refused to appoint new counsel for purposes of the motion is dismissed as defendant failed to obtain a certificate of probable cause as required by Penal Code section 1237.5.
Filed January 26, 2010
Opinion by Judge Epstein
For Appellant: Richard L. Fitzer
For Appellee: Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Stephanie C. Brenan and Kathy S. Pomerantz, Deputy Attorneys General