In proceedings arising from a second-degree murder conviction pursuant to a no contest plea, denial of defendant's request for continuance to retain private counsel and to bring a motion to withdraw his plea is reversed as defendant cannot be found to have waived his presentence right in trial court to challenge the effectiveness of his counsel when the claimed ineffectiveness related to the advice he received at the time he entered the plea containing the purported waiver.
Filed January 8, 2010
Opinion by Judge Vartabedian
For Appellant: Elizabeth Campbell
For Appellee: Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Stephen G. Herndon and Galen N. Farris, Deputy Attorneys General