What is the effect of the one strike statute on a motion for a new trial?

Because the evidence leaves reasonable doubt whether counts 1, 19 and 20 occurred after November 30, 1994, this matter must be remanded for resentencing without applying the one strike statute as to those three counts. (People v. Alvarez, supra, 100 Cal.App.4th at p. 1178.)

Appellant contends that the trial court erred when it denied his claim of ineffective assistance of counsel without appointing advisory counsel to investigate or conduct a Marsden hearing on the merits. (People v. Marsden, supra, 2 Cal.3d 118.) We disagree. Because appellant had retained counsel and did not

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request substitute counsel, the trial court was required only to rule on the motion for new trial, which it did. (People v. Gay (1990) 221 Cal.App.3d 1065, 1071.)