PLD-PI-001 ATTCRYETeqPARTY WITNO.-7 FORf

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FAX NO. fOOffraft

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAls.1 ¶3LECI1 0

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\i/c6 10oLtskp 111)obAP

1/0 0 COMPLAINT—Personal Injury, Property Damage, Wrongful Death

F-1 AMENDED (Number): Type (check all that apply): fli MOTOR VEHICLE 1-1 OTHER (specify):

In Property Damage m Wrongful Death F-1 Personal Injury I—I Other Damages (specify):

TELEPHONE NO:

E-MAIL ADDRESS feciano0:

ATTORNEY FOR (Name):

STREET ADDRESS:

MAILING ADDRESS.

ctn. ANO ZIP CODE.

BRANCH NONE

PLAINTIFF:

DEFENDANT:

1:/"7:7ES 1 TO

r' g rDLIMOQMIT CML MINES OFFICE 9

CEN TF& Ma

2011) NOV 22 P Oq

CLEN-SUPEPOR Cic)tpT 0 nivrzniv GA as Is co

Jurisdiction (check all that apply): El ACTION IS A LIMITED CIVIL CASE

Affiount demanded n does not exceed $10,000 71 exceeds $10,000, but does not exceed $25,000

I—Vr,CCTION IS AN UNLIMITED. CIVIL CASE (exceeds S25,000) ni ACTION IS RECLASSIFIED by this amended complaint

El from limited to unlimited 1 .7 from unlimited to limited

tIASE NUMBER:

37-2016-00041106-CU-CR-CM

3. Each plaintiff named above is a compelent adult a rn except plaintiff (name):

(1) a corporation qualified to do business in California •Til ety3 \t„ (2) El F.-1 an unincorporated entity (describe): (3) a public entry (describe): (4) ri a minor El an adult

•g11) Witiallat4C (a) fcr whom a guardian or conservator of the eW state r a ouardian ad item as been appointed (b)in other (specify):

(al erktker aXiCilAag 15) other (specify):

b. Cfl except plaintiff (name): (1) CI a corporation qualified to do business in California IC.)11.10\rm \OOLSeic VIIISDE-34

S CO4 .)-• f\-kko463

ri other (specist): (5) other (specify):

C&ofiks, I I

I I

' 4 DO Ogil kakkriVI

- (2 ) In an unincorporated entity (describe): . (3) 7-1 a public entity (describe):

(4) In a minor an adult

1. Plaintiff (name or names): Enc, Dr Riau 'caw, cr , alleges causes of action against defendant (name cr names): ID okAu3 11(AMp CO frt, lititTap eSraitcq (5 - kaufq tRAISL-FcriL -VtfunDeur k kiaric 2. This pleading, including anac.hments and exhibits, consists of the following num er o pages.

tt l 6QCS

• COWAA att\ OW/OWL -3 IF-ArOW

\,0 (a) I-1 tor whom a guardian or consenfetor of tine estate or ouardiari ad hien :lc!. been appointed

-/Avicktiv" ej3L4t.o. Trr..VF% 141A) 41 ff„. L4..qto pad Way information about additional plaintiffs who are not competent aotits is shover. in Atta.chment 3. Callioliss:), ,fir I Fonn Approve:. for CoLonal Use

0.f.O. Cat Pr th: riAe. <25.12 eNeg' COMPLAINT—Personal Injury, Properly LIZ i.717 I Coxici! of Cr.f.loma fr.% =retie :2 pa, Ftev Jsrt.ory f 27.71 Damaae, Wrongful Death

PLD-P1-001 SHORT TITLE:

CAS= 4LAGEP:

4. rn Plaintiff (name):

is doing business' under the fictitious name (specify):

and has complied with the fictitious business name laws.

5. Eachadefendant named above is a natural person a. CI except defendant (name):

(1)Ti a business organization, form unknown (2)in a corporation

(3)1-1 an unincorporated entity (describe):

(4)1--1 a public entity (describe):

(5) other (specify):

c. in except defendant (name): (1) C a business organization, form unknown (2) C a corporation

(3)1-1 an unincorporated entity (describe):

(4) a public entity (describe):

(5) Cl other (specify):

b. F-1 except defendant (name): (1)1-1 a business organization, form unknown

(2)F-1 a corporation

(3)F1 an unincorporated entity (describe):

(4)1--1 a public entity (describe):

(5) C other (specify):

d. Ti except defendant (name): (1) a business organization, form unknown

(2) C a corporation (3)1- 1 an unincorporated entity (describe):

(A) I I a public entitt (describe):

(5) I-1 other (specify):

Fi Information about additional defendants who are not natural persons is contained in Attachment 5.

5. The true names of defendants sued as Does are unknown to plaintiff.

a. ni Doe defendants (specify Doe numbers): were the agents or employees of other named defendants and acted within the scope of that aaency or employment.

b.' in Doe defendants (specify Doe numbers): are peons whose capacities are unknown to 'plaintiff.

7. F-1 Defendants who are joined under Code of Civil Procedure section 362 are (names):

3

This court is the proper court because ' a. 1- 1 at least one defendant now resides in its jurisdictional area. b. ni the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. flfl injury to person or damage to personal properly occurred in its jurisdictional area. d. Fj other (specify):

Plaintiff is required to comply with a claims statute, end

a. has complied with applicable claims statutes, or b. is excused from complying because (specify):

•

0

2.

*1.:72-P:-C:1 Fey Jan:aryl 292;1 COMPLAINT—Personal Injury, Property Damage, Wrongful Death

Fag' 2 01

PLO-PI-001

1 SHORT TITLE:

Rita °171 \1 S . tot-&p CASE NUMBER:

10. The following causes of action are attached and the statements above apply to each (each complaint must ha\hy one or more p causes of action attached): A cuts gop-/ w Dv 6 re-oceS tkai igi-i DBmiA

,a): ° it:Zetli'iecylergence ii4(402, 10 ?)6,C)&- bustA efizz-- kw tWo(c-i--- aLEAWS

11. Plaintiff has sultera

a. 1---1 wage loss

b. in loss of use of property

C. rn hospital and medical expenses

d. 1--1 general damage

f. e. rn property damage

rn loss of earning capacity

n1 other damage (specify):

12. En The damages claimed for wrongful death and the relationships of plaintiff to the deceased are

a.r-i listed in Attachment 12.

b. fi as follows:

E WOUDIE

13. The relief sought in this complaint is within the jurisdiction of this court.

GE,Wileryi MAP "C- CO" k4 to•Nifl_ Dar

A140 1;00 atA-5 4,

CV ?LT -17 (SO agintS 12)ts SkA(Pow a4 LID - li 14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for

a. (1) .s, pensatory damages pi (2) unitive damages .031134434 1:3H \Oki or. (\mu Cou oF Crakc, udit u ida otisc)

The amount of damages is (in cases for personal injury or wrong ul dedh, you must check (1) :

(1)Ti according to proof icy 0

(2) EQ41? the amount of: $ 01\476- niojakt, DQUALS (.4i,c000,000,000,0cop) 15. f- lhe paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):

c , rcerdentional Tort Wain-cc (apos 6 1-46 c--,/,&71- [ mkt LA)-Qs \WETS d.1=3 Products Liability

e. inf Premises Liability VM...AVA..ral 1LS tia.zatc WL4444) kizzo 1-9.-atFer (specify):

\timunaLS OF Utvmic313 %Vines Wit.9-31=1-t) Kb 1\190-1D 4 -0-ms N— (sttlike ( inisf&kg6 ktioaT- ku/wi3Liktrir "Oauw,G . Nag)

O •e-ru --w*A ViorA

Vrtlakcy OV- Ptikprekc_ alfet) “131)Pw 1 01)1 .

ikkivt9-AMikev-cfI C vriaom OF redatt=i-D)

ISS/410ktf) 14-1347

KmAtut , if 6 RIB

/kik pj0MoJ PP

*\,b4) b, I C t<kiee

Date:

wit toi, trypE" PRINT NAME) (SIGN471.n_ OA PtAlaticr CA TIOR NET)

COMPLAINT—Personal Injury, Property Damage, Wrongful Death

Pip 2 .113

1.1OFSAISI I.Fey. Janina, 1. 2207]

kb-PI-001(Z) SHORT TITLE: Sib

\hS . 1v-A)149 CASE NUMBER:

tc,. (MIL Wit4q. CAUSE OF ACTION—General Negligence Page

(number)

ATTACHMENT TO 17VrOomplaint C Cross - Complaint

(Use a separate cause of action form for each cause of action.)

alleges that defendant (name): DO Witt) It° v‘ip VI3/4/11-1313 WOrW m)pi Clyartiwa itkg: avvbscst)is Famt coakfuk ad")

was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant

Oi VgAtieraSb on (date): IX-1—i co at (place): u LLINL. SIMS OF PWAlt-LA

coPe VACS14114,713M 04 ei

•k alkJEG-4-L. kiLa31.-S) Mcsicabkii Wac AND

TUSQ LS rt\-1 MapICAL C

kGratat\LID Ptite5 FEW-- ?CD:NV ,nia Sk-U3CLITV eit;scitsi % ALSO yiLmicriSepccp twuct-- TatGA4-

$'4.S EXQkE k3, SA- 4-WD -B.L€71,1,c-

'() \TS 14\\D ce\S/ becotti-- (0e:Alok smkuco tQ4 0 (,- ) eAtc-rasey LL-s-tcumpe Cupist ‘Car au.EGAcc frL 'ILL, 00R- .C,Ook-1112si EUWIeS

GIJ-1. Plaintiff (name):(..n. , eat(

Does to Rue tSpar446 \126-3

negligently caused the damage to plaintiff 11Q(

(description (lex) kumsie WV12,1t 1403d))

• ,ettAii:2b ID ME-Ku octiwa CAaz i SLci-kA6 ONit9k u-ittiq

txuc VoiLm OF 617-EDLA-E-c-; (Suffer( II)

corm AorC•ed for ONanzj Use Judcal C Donal al Caldornia CAUSE OF ACTION—General Negli§ence Cooe o: Firscurt (25 12

1- :ark* ce per

.D.P00112) [Am Jarviry 1. 20.D71

ISHORT TITLE:

PLD-PI - 001(3)

I CASE NUMBER

3S.

(number)

ATTACHMENT TO Licetaint ED Cross - Complaint

(Use a separate cairse of action form for each cause of action.) IT-1. Plaintiff (name): blit, cjt WAtialkb

alleges that defendant (name): tOts.1141) <51_04:1

Page CAUSE OF ACTION—Intentional Tort

f6t:s

to 1,00

was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant intentionally 'used the damage to plaintiff elaC ff./Waal) oricl

(date): 1k ei`W at f

"Pacer t:LyS QE tinzA (\koks&ktBrIC)90kt t- ex) t ciktf Ca' liability) US) 04, -(3:1 1064-1 LO(L-- tevaabt

F-As-aw 10 qesc-zo 11AE -@zr ;Az \Lk iS to,o, 001,..414k Walt Vat1/44 1),) b(Sak kklb -.1-catm ID UNE e-B.0 Wieos 6

k fl or U?L•tikthe3E, ii-LEN-soo3 Nos ct\A,Du Qt4 WE i\b‘s-r-azk .

cD4 ETh t\voi -5A-n We elViduzz wyr a nu; \atm wok: , 6\S 4 (BOV-LC e k)S,SD\-1W

V-OOF•I tin Saf P.4) pitssmkt

.(fi tam, C20106,tk Vogsvi 1 S1JL LJkS

:rm Ap‘rovec la, Dp1,,a. Use

“swi Accratkiiii °wiz, SD yews Qseb-: Judiei;lez.unol al [Aroma CAUSE OF ACTION—Intentional Tod Coot ol Ova Pro:nue.f 25.12 P I-021(3) 'Rey Jana; ty I, 20:7I eftle :what re pr

v.wly ar Pr :211

I SHORT TITLE:

%WW1; et1/4W

CASE NUMBER.

PLO-PI-001(4)

CAUSE OF ACTION—premises Liability Page (number)

ATTACHMENT TO in Complaint El Cross - Complaint (Use a separate cause of action form for each cause of action.)

Prem.L-1. Plaintiff (narhe):

alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date):

plaintiff was injured on the following premises in the following fashion (description of premises and circumstances of injury):

Prem.L-2. I-1 Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were (names):

Prem.L-3.

Does to

C Count Two—Willful Failure to Warn (Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names):

in Does to

Plaintiff, a recreational user, was E=I an invited guest FT a paying guest.

Count Three--Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were (names).-

Prem.L-d. I

I n Does to

2 . 11=1 Tha dafendant public entity had ni acual 1-1 constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it.

b. C The condition was created by employees of the defendant public entity.

Prem.L-5. a. 11 Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names):

Inf Does to

b. In The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are ri described in anachmehl Rem L-5 b as follows (names):

rn Approfte So: 00 ',al Use udicial Councilor Colflomfa '1 4001(e)fFer. lanoon. I. 2007/

CAUSE OF ACTION—Premises Liability P oet 1 of 1

Coot of Cirif Fin:Elyse. 1425.12 taurtinle goy

PLD-PI-001(E

- SHORT TITLE: CASE NUMB: Ft

ificuttat k-AP Page L,

Wtejl

Ki/OV 'AO) to

Plaintiff alleges defendant was guilty of A.cucorc1/4-/ 6pmcf44- tko

k 1--7Thud * O 1-71—L; 14,t) kW.kt-4) 1V-OPIP -1S

malice

gala- 110 -4L1 C-Afti6 DatcrZmi lts WS

as defined in Civil Code section 3294, 83?lainliff should recover, in addition to actual damages, damages to make an example of and io punish defendant wk./ 1..46<,33u. 1Wcs 1dviDo ix-1-- OF mks

EX-2. The taVdslitrpfritinaWs Wet ro 6 , UI-14 eaCAIDP-5) b1/4141-4d 6

ALAW WASCLESED0,rt 1)014.04_D -\11Amip,. Vert

(.14410v,ThA eow . cw,kukAA -i azz

ci11/6 \kkvc)\--6 C-tpoSE - 1 .\4,04 atqAts aisioas Sb k<1\40 kusb tat Sur_

taLS \)VACUS WOtJtCtL UUnt

'bap wig- drPiutukt)e) aacsv.a• to(Lt Ci1/4\)sttli le3y '3 UTh Ckam al,(41\-c tuna“,-S (1--1,3zim esPerauM

kiibrate b -4 •

A riaW U-S. COK14171 froitait it4/04K. iv, 4 iflf 441 A-Lbbin Aferm

•o4c1c5- , CokiAimietc.o_Lik3-uitat veirovitackE--(rAcr DE frimns) Wit" Z)Pcl t4L---ThEct t\i,a ra-73-447gtri- LY

pat E, mevi b ?nzG.1-,' OTAAwLati favotzi (*Tv* pkCS, 'MMUS PattYcilekr.)-(nr

(c-ifntheit V1/4 artig:DIWaSE3S3 VCal ititg6 M449043 i l(4/(t)

Ex_3.TeamolexWy d5,4, „%ebike6b1?)9titot h rircgmerrst9 13-aThir la3L . , tAinat-erum Tat-

b " alt lain( DALNZ-S I „(Xkl Mb, SOO 11/4 'spa Tho 110 333}J 1)ck (SS 1 000, mod MiPc0, 000;)

a. l-7 nal shown, pursuant to Code of Civil Procedure section 42t 10.

Forn, Aoptorel lot 0:ticna , Use • Julitial Council of California Exemplary Damages Attachment or,,, 0! Procelv.t. en 12

wa count& ta goy D- PIC/41(Ej 'Per January I. 2037)

We . "' erCEEFIE:we?"'

Exemplary Damages Attachment

ATTACHMENT TO acnomplaint C Cross - Complaint

EX-1. As additional damages against defendant (name): tok....1kto ILLAJup

IMPERIAL COUNTY PROBATION DEPARTMENT

SUPERIOR COURT

PROBATION OFFICER'S REPORT

THE PEOPLE OF THE STATE OF CALIFORNIA

VS.

Franklin

Moniker: OG Big Frank

COURT NO.:

JCF32230

DEPT. & JUDGE: Superior Court Dept. TBA

Judge Matias Contreras

D.A. FILE NO.:

2013-DF-3854-1

0 PD/APPT • RETAINED

Veronica Henderson HEARING DATE / TIME

8/12/2015 @ 8:30 a.m.

PROBATION CASE NO.

3854

NAME: Eric Delonzo

AKA: Eric Franklin,

PROBATION OFFICER:

Jessica Sanchez

P.O. ADDRESS:

324 APPLESTILL RD. EL CENTRO, CA 92243

ADDRESS:

21504 Roseton Avenue Lakewood, CA 90247

TELEPHONE NUMBERS:

Home: (.562) 233-7730 Cell: None Noted

Los Angeles, CA

BIRTHPLACE/CITIZ.:

U.S. Citizen

BIRTH DATE:

7/23/1965

AGE:

50

RACE:

B

SEX:

M

HT:

6 ft. 1 in.

WT:

280 lbs.

EYES:

BRO

HAIR:

BRO

OFFENSE AND DATE COMMITTED:

Count I: PC 422(a) — Criminal Threats Count 2: PC 273.6(a) — Disobeying Domestic Relations Court Order

Committed: 12/03/2013

RISK LEVEL:

Prison cases are not assessed

DRIVER'S LICENSE NO.

C2942345

CUSTODY STATUS:

In custody at the Imperial County Jail.

DATE CONVICTED:

7/20/2015

HOW:

Guilty by Jury

SOC. SEC. NO.: OTHER ID DATA:

alfaX92aFT

INVESTIGATION ARRESTING AGENCY:

Calipatria Police Department

DATE INFO/ COMPLAINT FILED:

12/05/2013 CDC: T076977

CII NO.:

A20180837

_

FBI NO.:

135099T30

ARREST REPORT NO.:

130347

ICSO BOOKING NO.:

945393

DAN PRINCE Chief Probation Officer

Jessica Sanchez Deputy Probatio .cer II

10) IT IS FURTHER RECOMMENDED that the defendant pay a restitution fine in the

amount of $300.00 pursuant to the provisions of PC 1202.45. Said fine to be suspended

unless parole is revoked. If the defendant's parole is revoked, said fine shall be

immediately imposed.

Respectfully submitted,

JS/js

8/05/2015

DATE

CERTIFICATION:

I do hereby cdffify that I have read and considered the foregoing repdn —Of the probation

officer at the time of sentence.

1,12.7 I I 5-

DATED

JUDGE

THE FOREGOING INSTRUMENT IS A CORRECT COPY OF THE ORIGINAL 01 FILE WTHIS OFFICE.

CLERK 0 THE COURT STATE OF CALIFORNIA COUNTY OF IMPERIAL

TAMMY L GRIMM 0 (o 7,„( DEPUTY

- 14 -

t

tate of Cilifornia

3jubitial ljerformance •133 (finibint 05atc Afratur, .±,3, uite 141011

.*an lirantisro, QA 9.11V-3660 (415) 557-1200

FAX (415) 557-1266 Web She: http://cjp.ca.gov

December 9, 2014

Eric Delonzo Franklin, Sr., 945393 P.O. Box 679 El Centro, CA 92244

Dear Mr. Franklin:

Your further correspondence concerning a California judge has been considered in order to determine whether there is any basis for action by this commission.

It has been concluded that the contents of the letter do not provide grounds for proceeding further. No facts of judicial misconduct within the jurisdiction of this commission have been set forth. As previously advised, this commission cannot reverse or relitigate judicial decisions.

Very truly yours,

p. Sonya Smith Staff Counsel

SS:al/L1209franklin

Confidential under California Constitution. 71, -_ VI, `3L-,:tion 18, and Commission Rule 102

STA) E C., ' , FORMA

(„34

EDMUND G BROWN JR., GOVER

BOARD OF PAROLE HEARINGS P. 0. Box 4036 Sacramento, CA 95812-4036

August 21. 2015

Eric Franklin Booking 4'945393, ID 4135877 P.O. Box 679 El Centro, CA 92744

Dear Mr. Franklin:

This letter is in response to your correspondence dated July 29, 2015. The Board of Parole Hearings currently has no jurisdiction over your case. Any questions you may have regarding sentencing, credit calculations, and bail should be directed to your attorney or the court presiding over your case.

Sincerely,

M. Jogani Board Counsel

UL11.),1

ABSTRACT OF JUDGMENT - PRISON COMMITMENT - INDETERMINATE Mi0 VALID WitilCUT E ITO PA GE. riVE., OF ir;:7-292 ArTACHED1

SVPtPSIIR COUTT OF C:Atir-smttA couNTy or kriperfal

pEOPLI.:- Or. THE STM- E.: CALIgCANIA

Des:F.:Ns-m/-47 Eric Delerizo Prantriin

AKA

CR-2 '-

Ai

HA; Zi 2015

CI NO. A20190637 gv r•Nill'OR COUT:sr , its4p ■-....-,iiAL MM7 XJ- "IMNi Ci Ers

CEoirry

1 CA.EPT 0,1C• ! JUS).3e 03-27-15 i

1 2 1 ,

1 Matas R. Contreras — L.._ _.-..

CLERK 1 St:PORTO:, : PRoamienw..? OR Mt:18A T•ON OFFsCER D .mEct,ATE sENTENcmc, I Lorie Gonzafes I Chrts'ine Vahanwe i 3154 ,

ei...‘Lit15-sr.i F'. •SR PEOPt ! ,::n1.1.1SEs. FOR PISEfig:sA.4 -1 ..kinnifer jecobeili

Defendant wa:.. comsisted of the common of the towing faionItss 0 Additional counts are listed on attachmont

_ (number of pages attached)

I ; --- 'r'...ist rtirs - - 7, T-C --- 59 F r' • .6i4.4 P: 1 count 1 coos szcs-oNi.g..,- I

QP,,s.i. COmmss st,D 1 CeNvIC;PC'ti ytt.ssr...s;s1, zt. , .1 I ,. surICATEYEAR) u

2911 '. 07-15-15 X

800KiNG NO. 945393

TO STATE PR:SIXI APSTRACT OF J11:-.I.C.Mrt1'

M PP HEAso-so

APS-

• Ve•enica ilerid;!rsPn

CCM/W,TED

I Criiniml Threats

LICF32230

Droi PRE:SEFt7

0 MT WIC::: -0 A.P.37 PfsS-, T

2 ENHANCEMENTS charged and found to be true VIED TO SPECIFIC COUNTS (mainly in the PC 12022 series). List each count enhancement ttortzontal/y - Enter tkne Imposed for oath or "S* for stayed. DO NOT LIST ANY -STRICKEN ENI1ANCEMENT(S).

,_, TUE IMPO5SED C9 ; AsPc4r.D

S. 1 Cot sistr .. F...a..ANKfir ..;,,es 7; s .s .,irks,.:.."; i „. EviAtif:alar . ... 4-- s z:s•114rr-z.:.:sw.ro ._ , . . ;:-.•NS•st'SCEWNT

1 DM vipr.:to ,.....$, ,,,, ,..0, ST41,1) TO-Al.

:

, i

...............— I - - , r i i .• ....,.... . .......___ . , ... i. t

t f 1 I 1--- --1

i L

1

3 ENHANCEMENTS chazr.;ed and cound to be true FOR PRIOR CONVICTIONS OR PRISON TERMS (rneIn:y ii the PC 567 series). List att enhancements horizonty. Enter time irnpesed for each or S" to stayed. fs .7,s NOT (.1ST AN`f S RsOKEN ENHANCEMEN7(s).

i F„...a..ww.....e.en—T ii&simpoau I of: -s- MR VA' :■71:s. as s i PC667.5(b) i 1

, PC6673(b)

Li 1 1

TSMFECOUD DUE IsAVSED &I'S- P:4;111'1ln 1 £1114.'.S:EMENT OR'S'

:CitNT

TOTAL

02

00

Defendant was sentenced to State Prison for an INDETERMINATE TERM as follo.vs: 4. D LIFE WITHOUT THE POSSIBILITY OF PAROLE on counts S. 0 LIFE WITH THE POSSIBILITY OF PAROLE on counts 6. a. 0 15 years to Life on counts c. 0 years to Life on counts

b. 17.3 25 years to Life on counts 1 d. 0 years to Life on counts PLUS enhancement time shown above.

7. 0 Additional determinate term (see CR-290). 8. Defendant was sentenced pursuant to 0 PC 667(b)-(i) or PC 1170.12 0 PC 667.61 0 PC667.7 0 other (specify): This form ss prescribed undcr PC 1213.5 to satiss'y the reeterement; of PC 1213 4V indeterminate, sentences. Attachrre.hts may be used but must be referred to In trus document

Page 1 of 2 Fossil ros ABSTRACT OF JUDGMENT - PRISON COMMITMENT -INDETERMINATE CCdr

41Kkik?' C•CUrte 0$1;k6f0fli0 1212 L-rs -7v m s.

1

SUPERIOR COURT OF CALIFORNIA COUNTY OF IMPERIAL

People Plaintiff,

Jud. Officer Matias Contreras Clerk Lone Gonzales Baihff P. Zamora CSR. Christine Ntahan.2y Interpreter - none Language

Plaintiff Counsel/DA Jennifer Jacob&Ii

Defendant Counsel/PD: Veronica Henderson

Minutes: Probation/Sentenc:ng Case No. JCF32230 El Centro Dept. 2

Date: Auquitt 27, 2015 Charges: Count 1: PC667{8i TO (I) Count 1: PC422(A) Count 2: PC2/461A _

Defendant presentr0 not present 0 in custody E with 0 without Attorney

The Court has reviewed the probation report and counsel had made comments Further, the Court states the defendant had made comments and it turned out the defendant wanted to make a Marsden hearing based on allegations of ineffective representaticn by counsel and otter issues. The Court states that counsel had some comments regarding the defendant's competency

The Court states he finds and feels the defendant adequately responded to the questions.

Counsel states she rescinds en the issue. Further. Counsel states there are some criteria that need to be met for 1368 and after all that they have gone through, she finds that it is not appropriate. Counsel states she was infcrmed by the defendant that he just wants to be sentenced and he understands the proceedings.

The Court provides case law to the parties regarding the issue.

The Court states he has reviewed the flit more carefully and had observed the defendant in trial. Further, the Court states he feels they do not need to a hearing under 1368

Counsel states she is not asking to make the request anymore.

The Court states he is just making the record clear and he is prepared to impose sentence

Defendant addresses the Court.

The Court notes the defendant comments for the record.

Formal arraignment for judgment waived. S No legal cause.

ORDER.

E Probation is denied. a Defendant is sentenced to 25 years to life in State Prison plus one additional year for each prison prior

term for a total aooreqate sentence of 27 years to life. Defendant given credit for 513 days actual time plus 70 days conduct credit for a total of 583 days served. The Court notes that the credits are as of the date of August 12, 2015.

DST: 3 DA c PD DEF o JAIL b ATTY c PROB CITY ATTY o DOC

DOB: 07-23-65

Eric DeIona° Franklin Defendant.

Page 1 of 2

, 1111111r

PAGE 2 JCF3223.0 ERIC DELONZO FRANKLIN 08/2712015 PROBATiON/SENTENCING

Z The court orders all weapons confisc-ated from the defendant or at the scene are destroyed. Z Pursuant to Penal code section 296i:a)(1). the defendant is required to provide two specimens of blood, a saliva ample. nght thumbprints and a full palm print impression of each hard fcr law enforcement identification

analysis. r71 The Court finds the defendant does rot have the ability to pay for court appointed counsel.

Pay a fine in the amount of $40.00 Court security fee

F_A Pay a fine in the amount of $30.00 pursuant to Government Code section 70373

rz Pursuant to County Ordinance 2 54.040 and 1203.1bie4) PC. defendant shall pay for the preparaticr of this

report the sum of $50.00. Z The Court strikes the collection process fee.

Defendant shall pay a restitution fine in the sum of $300.00 pursuant to PC 1202.4(b)

Fi Defendant shall pay a restitution fine in the sem of $Q 00 pursuant to PC 1202.45.

-The Court directs prpfr-..3n or=usalcolte credit as of R127 ,2015

Thia Court 3fiv ,scs the deferdsnt tc: apced: Nittin SC- ,itiys.

tDeferdart re.quests 3 Marsder neac•rg

The Court denies the Morrissey hearing.

Ccunsel inquires if it is a Marsden or Mcrrissey hearing.

Defendant states he is asking for a Marsden Hearing and reouests to file document.

The Court denies the requests and fines it untir.iy however wilt allow tne filing of the clocurnert.

Defendant requests a copy of the document.

People state BCM29143 was not address ard the Public Defender was not relieved. People move to dismiss

OPD Ben Saiono is present and states he has spoken to the defendant who has no objection

The Court orders the case dismissed

Frj Defendant is remanded into the custody of the Sheriff for delivery.

Cc: probation

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3RENVEZIE 1)) AUG 21 2015

SUP VVOR COURT COUNTY Or IMPERIAL

TAMMY L GRIMM. CLERK ely !`t C $ $ "44 11 py

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF

THE PEOPLE OF THE STATE OF

CALIFORNIA,

Plaintiff, NOTICE OF MOTION AND MOTION

vs. . FOR SUBSTITUTION OF COUNSEL

(MARSDEN MOTION) 10 UESzsS CA St .171D. /

TO THE HONORABLE COURT IN THE ABOVE ENTITLED CAUSE OF ACTION

AND DISTRICT ATTORNEY OF THE COUNTY OF

Please be advised that on the 24-54 day of tAL: (-NLI57- , c •

20 1 4S- , at the hour of )- dy,) in Department 411 of the above-entitled court, or as soon thereafter as this motion can be

heard, defendant and/or counsel will move the court for an order

to dismiss ad/or co=sel due to ina:leauate

representation of,_ _counsel, GASSC,C,FS •SW,,,I.11,3.4t4)44f) htAa ,....-----

This motion is based upcn this Notice of Motion and Motion,

the attached declaration(s), all points and authorities

submitted, testimony and other evidence produced at evidentiary.

F AC

Case

. .•

A '2 A Al Defendant p L cl A

FIL 5

SUPERIOR COUR _COUNTY OF AVER AL

!Ati!!tY 17- GF!WlyC -DEP

BY POINTS AND AUTHORITIES IN SUPPORT OF

MOTION FOR SUBSTITUTION OF COUNSEL

The defendant/declarent submits the following points and

authorities in support of the motion for substitution of counsel:

THE CODE OF CIVIL PROCEDURE PROVIDES FOR TEE SUBSTITUTION OF

ATTORNEYS UPON APPLICATION OF THE DEFENDANT

California Code of Civil ProcedureSection 284 states: '

"The attorney in an action or special proceedings may be

changed at any time before or after judgment or final

determination, as fdrloidS: -

Upon order of the court, upon the application of

either client or attorney, after notice from one to the f other."

• • ••••••••• ..•••

y f 4 ' - 0-' • f W. 116.

‘• •

A CRIMIN:AL DEFENDANT'S RIGHT TO ASSISTANCE OF COUNSEL MAY INCLUDE

THE RIGHT TO DISCHARGE OR SUBSTITUTE COURT-APPOINTED COUNSEL

The right of a defendant in a criminal case to have the

assistance of counsel may include the right to have court-

appointed counsel or the public defender discharged or to have

other counsel substituted. There must be sufficient showing that

the attorney-client relationship has broken down to the point

where the right to the assistance of counsel would be

substantially Lmpaired by the denial of the request. (People v

Marsden (1970) 2 Ca1.3d 118,123; 84 Cal.Rptr. 156, 159)

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V

INADEQUATE REPRESENTATION BY DEFENSE COUNSEL REQUIRES DISMISSAL,

REVERSAL OF CONVICTION, AND/OR SUBSTITUTION OF COUNSEL

A criminal defendant is guaranteed effective and adequate

representation by defense counsel at all critical stages of the

criminal proceedings by the due process provisions of the United

States and California Constitutions. Inadequate representation

by defense counsel req1.4 that the defendant be granted a

dismissal,, reversal of conviction, and/orsubstitut±Ote‘bt

co4nsel. (U.S. Const. amend. 5, 6 and 14; Cal. Const. art. I, Ism MI. • .• • .

§§7 and 15; People v Marsden, supra) _ • If • • ••• 7,

t • 'now,

CONCLUSION

Defendant has been -deprived of adequate representation of

counsel and is therefore - entitled to the relief prayed for. The

Motion should be granted.

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,•• •••••, • ••••••

• • •• / • •••.•

• delivered up on Claim of the •o whom =.1 service or Labour may be due.

Section 3 (1) New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

Done in Convention by the Unanimous Consent of the States present, the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth. In Witness whereof We have hereunto subscribed our Names.

Go. Washington President and Deputy from Virginia.

Amendments

(2) The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Section 4 The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislatur,.. agains: domestic Violence.

Article V The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Article VI (1) All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

(2) This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

(3) The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Article VII The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between tl'1' , ,ates so ratifying the

Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III No soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or in public danger; nor stiall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any Criminal Case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI . . in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII Excessive bail shall not be requireri, no , •—/-es.si.oe fines imposed, nor cruel and unusual punish,lecits

Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed _to deny or disparage others retained by

the people.

Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Amendment XI The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

Amendment XII The Electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voters lor as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seal of the government of the United States, directed to the President of the Senate; - The President of the Senate shall, in presence of the Senate and House of Representatives open all the certificates and the votes shall then be counted; - The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the

list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Amendment XIII Section 1

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2 Congress shall have power to enforce this article by appropriate legislation.

Amendment XIV Section 1

All persons born_or naturalized in the United States,___ and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privilege or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal

protection of the laws. Section 2

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the•Legislature thereof, is denied to any of the male inhabitants of such States, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3 No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4 The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5 The Congress shall have power to enforce, by appropriate legislation, the provisions of this Amendment.

Amendment XV Section 1

The right of citizens of the United States to vote shall not be denied or abridged by the United States of by and State on account of race, color, or previous condition of servitude.

Section 2 The Congress shall have power to enforce this article by appropriate legislation.

Amendment XVI The Congress shall have power to lay and collect taxes on

Vice President elect shall become President. II a President shall not have been chosen baforelhe time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, .or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5. Sections 1 and 2 shall : take .effect on the 15th day- of October following the ratification ol this article.

Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

flr

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incomes, from whatever source derived, without apPortienthent fiathaTig -the everal States,' -and without regard to any census or enumeration. _

Amendment XVII Section 1

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislatures.

Section i 2 When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the Legislature of any State may empower the Executive , thereof to make

_

temporary appointment unti) the people_ fill the vacancies by election as the Legislature may direct.

Section 3 This amendment shall not be so construed as to affect the election or term of ary Senator chosen bofore it becomes valid as part of the Constitution.

Amendment XVIII Section 1

After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2 The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section 3

This article shall be inoperative unless is shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, with the seven years from the date of the submission hereof to the Slates by the Congress.

Amendment XIX Section 1

The right of citizens of the United States to vote 'shall not be denied or abridged by the United States or by any State on account of sex. —

Section 2 Congress shall have power, by appropriate legislation,

-- to enforce the provision of this articler-

Amendment XX Section 1.

The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2.

The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3. It at the time fixed fm ihe beginning of the term of the President, the President elect shall have died, the

Amendment XXI Section 1.

The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several Slates, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

Amendment XXII —Th?"'" " ' "' " Section 1.

No person shall —he elected te the-61fibrof the President more than twice, and no person who has held the office of Pretident, or acted as President, for more than two years of a term to which-some other person was elected President shall be elected . to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to

_the plates by the Congress.

41.1.

Amendment XXIII • ----n—SectIon w•-- •

The District constituting the seat of Government of the United States shell appoint in such manner as the Congress may direct:

A number ol electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to Those appointed by the Stales, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

Section 2. _ The Congress shall have power to enforce this article

by appropriate legislation.

"."

Amendment XXIV . Section 1. --

The right of citizens sal the United Stales to vetelh-grn -y*

primary or other election for President or Vice • President, for electors for President or-Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other

tax. Section 2.

The Congress shall have power to enforce this article by appropriate legislation.

Amendment XXV — Section 1.

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2. Whenever there is a vacancy in the office of the Vice President, the President , shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3. Whenever the President transmits to the President pro -temple of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and unitl he transmits to them a written declaration to the contrary, such powers and duties

-- shall be discharged by the Vice President as Acting President.

Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore ol the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the power:, and duties of his office unless the Vice

• 1,

President and a majority of either the printipal officers at the executive-department or ol such other body as — - - Congress may by law provide, transmit within lour days to the President prolemporrcl) the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt ol the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President .shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

.V..•?-.tr-t- •

Amendment XXVI Section 1.

The right of cifizens of the United Stoles, who are 1B years of age or older, to vole shall riot be denied or abridged by the United States or'any State on account of age.

Section 2. The Congress shall have the power to enforce this article by appropriate legislation.

Amendment XXVII No law, varying the compensation for the service of the senators and representatives shall take effect, until an election of representatives shall have intervened.

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pm-DoRzEg 1-= AUG 2 1 2015

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SUPERIOR COURT COUNTY Of IMPERIAL

TAMMY L. GRIMM, CLERK

BY ' L L " 4 • DEPUTY

SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF QC

THE PEOPLE OF THE STATE OF

CALIFORNIA, Case No._ Li

Plaintiff, NOTICE OF MOTION AND MOTION

vs. FOR SUBSTITUTION OF COUNSEL

(MARSDEN MOTION) T

A A Pi, (-‘ t1i, C„ / LL. Defendant 21';4..i'A

C-OKSA:1 7-7:131

TO THE HONORABLE COURT IN THE ABOVE ENTITLED CAUSE OF ACTION

AND DISTRICT ATTORNEY OF THE COUNTY OF

ease be advised that on the of

( • • 4r1 20 (S, at the hour of in Department of the above-

entitled court, or as soon thereafter as this motion can be

heard, defendant and/or counsel will move the court for an order

to dismiss - - -4 /r,r relic :S to inadequate - erRi6V,..1,,iVd.treve.14.401.95

representation jof,, couns.c.r.:11 Wilda

This motion is based upon this Notice of Motion and Motion,

the attached declaration(s), all points and authorities

submitted, testimony and other evidence produced at evidentiary .

FReDLAT oF

ad.. •

AUG 2 7 zo 5

POINTS AND AUTHORITIES IN SUPPORT OF BY TArq I- GRIMM, CUNTYOFIMPERAL

5K CO

SUPEMORMA

- DEPUTY

2 MOTION FOR SUBSTITUTION OF COUNSEL

3 The defendant/deolarent submits the following points and

4 -authorities in support of the motion for substitution of counsel:

5

6

7

B

THE CODE OF CIVIL PROCEDURE PROVIDES FOR THE SUBSTITUTION OF

ATTORNEYS UPON APPLICATION OF THE DEFENDANT

California Code of Civil Procedure Secti= 24 states:

10 "The attorney in an action or special proceedings may be

changed at any time before or after judgment or final

12 determination, as f011.-1:.

13 Upon order of the court, upon the application of

14 either client or attorney, after notice from one to the

15 other."

15 -

17 II

n A CRIMINAL DEFENDANT'S RIGHT TO ASSISTANCE OF COUNSEL MAY mcLup

19 THE RIGHT TO DISCHARGE OR SUBSTITUTE COURT-APPOINTED COUNSEL

20 The right of a defendant in a Criminal case to have the

- 21 assistance of counsel may include the right to have court-- -

22 appointed counsel or the public defender discharged or to have

23 - other counsel substituted.

N the attorney-client relationship has broken down to the point

n where the right to the assistance of counsel would be

26 substantially impaired by the denial of the request. (People v

27 Marsden (1970) 2 Ca1.3d 118,123; 84 Cal.Rptr. 156, 159)

29

There must be sufficient showing that

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INADEQUATE REPRESENTATION BY DEFENSE COUNSEL REQUIRES DISMISSAL,

REVERSAL OF CONVICTION, AND/OR SUBSTITUTION OF COUNSEL

A criminal defendant is guaranteed effective and adequate

representation by defense counsel at all critical stages of the

criminal proceedings by the due -process provisions of the United

States and California Constitutions. Inadequate representation

by defense counsel requires that the defendant be granted a

dismissal, reversal of convtction, and/or substitution of • .

counsel. (U.S. Const. amend. 5, 6 and 14; Cal. Const. art. T,

§§7 and 15; People v Marsden, supra)

CONCLUSION

Defendant has been deprived of adequate representation of

counsel and is therefore . entitled to the relief prayed for. T:he

Motion should be granted.

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