People v. Makabali

Opinion

WHITE, P. J.

Eldred J. Makabali appeals after he pled no contest to one count of lewd conduct with a child (Pen. Code, § 288, subd. (a)) and was sentenced to three years in prison. He contends an attorney specifically appointed to investigate possible ineffective assistance by appellant’s trial counsel was himself ineffective because he refused to file a motion to withdraw the plea. Consequently, he asks that we remand this case to the trial court to permit him to file a motion to withdraw his plea. We conclude the “conflict” attorney acted properly, and therefore affirm the judgment.

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