What are defendant's rights regarding counsel, counsel and Boykin/Tahl rights?

California, United States of America


The following excerpt is from People v. Smith, C076352 (Cal. App. 2015):

As to defendant's claims regarding counsel, the Marsden motions and counsel's requests to be removed from the case, those claims are forfeited by his plea. (People v. Lovings (2004) 118 Cal.App.4th 1305; People v. Lobaugh (1987) 188 Cal.App.3d 780.) As to the claim regarding his Boykin/Tahl rights, the record reflects defendant was properly advised of his Boykin/Tahl rights at the time of his plea. Lastly, defendant agreed, as part of the plea that the court could consider the dismissed charges in deciding his sentence, "including the issue of restitution on those charges." Accordingly, defendant waived the complaint on appeal as to direct victim restitution for dismissed charges.

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