P. v. Darrough CA4/1

Filed 8/8/13 P. v. Darrough CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063328

Plaintiff and Respondent,

v. (Super. Ct. No. SCS260014)

CHRISTIAN DARROUGH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Ana

Espana, Judge. Affirmed.

Jeanne C. Vanderhoff, under appointment by the Court of Appeal, for Defendant

and Appellant.

No appearance for Plaintiff and Respondent.

A jury convicted defendant and appellant Christian Darrough of one count of

possession of a controlled substance, methamphetamine, in violation of Health and Safety

Code section 11377, subdivision (a). Darrough brought two oral motions to remove his

attorney, which the court ruled were in fact two Marsden1 motions; one on December 18,

2012 and one on January 17, 2013. He argued ineffective assistance of counsel for

refusing to file a Pitchess2 motion and failure to object to the testimony of the arresting

officer.

Subsequently, Darrough admitted five prison priors and a single strike prior. The

trial court struck the strike prior and three of the five prison priors. The trial court then