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Name: People v. Lovings
Case #: A097686
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 05/25/2004
Subsequent History: Rev. den. 8/25/04

Appellant made two Marsden motions before he pled no contest to first degree murder. The plea was entered over counsel’s objection. On appeal, he argued that the trial court erred in denying his Marsden motions. The appellate court here affirmed, finding that the Marsden errors did not go to the legality of the proceedings resulting in the plea, and therefore appellant was foreclosed from raising them on appeal. It is irrelevant that appellant obtained a certificate of probable cause, and irrelevant that appellant received no benefit from the plea. The issues as to the plea are whether it was involuntary, unintelligent, or the product of inappropriate advice. None of those problems were present here. The Marsden rulings cannot be deemed to have had any abiding impact which tainted the plea, and the plea waived any error in connection with them.