California, United States of America
The following excerpt is from People v. Hardy, E060456 (Cal. App. 2014):
In this case, when defendant tried to file his new trial motion right after he was convicted, the trial court refused to hear the motion because defendant was represented by counsel. On appeal, we remanded the case in order for the trial court to hear the new trial motion that defendant had filed. "[O]nce the court knows the facts underlying defendant's claim, it can intelligently determine whether it can fairly rule on the new trial motion, or whether it should appoint new counsel to more fully develop the claim of inadequate representation." (People v. Gay (1990) 221 Cal.App.3d 1065, 1068-1069.) Upon remand, the trial court appropriately inquired into the issues that defendant had raised in the new trial motion and denied the motion after a full hearing. This was the appropriate procedure upon remand. We cannot find error in the trial court refusing to consider new claims upon remand that were raised during a Marsden hearing that the trial court was not required to conduct.4
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