People v. Ruiz CA2/7

Filed 5/12/14 P. v. Ruiz CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B247786

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA073086) v.

ALAVRO RUIZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Cynthia L. Ulfig, Judge. Affirmed. Sharon Fleming, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Michael R. Johnsen and Jonathan M. Krauss, Deputy Attorneys General, for Plaintiff and Respondent.

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The trial court granted Alvaro Ruiz’s request to represent himself prior to sentencing to permit him to move to withdraw his no contest plea to a charge of aggravated assault. Shortly thereafter the court revoked Ruiz’s self-represented status when it learned he had possessed a dangerous weapon (a shank) in the courtroom. On appeal from the judgment Ruiz contends the court’s decision constituted structural error. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Ruiz was convicted of robbery and possession of methamphetamine in February 2011. He was sentenced to an aggregate state prison term of 26 years eight months. While incarcerated Ruiz and several other inmates attacked fellow inmate Jason Barrios. Ruiz was charged in a felony complaint with one count of assault by means of force likely to produce great bodily injury with a special allegation he had personally inflicted great bodily injury on Barrios. It was also specially alleged Ruiz had previously suffered one prior serious or violent felony conviction within the meaning of Penal Code, section 667, subdivision (a), and the three strikes law and had served two separate prison terms for felonies. Ruiz pleaded not guilty and denied the special allegations. On September 13, 2012 Ruiz withdrew his not guilty plea, waived his right to a preliminary hearing, pleaded no contest to the aggravated assault charge and admitted one prior prison term allegation; the remaining special allegations were dismissed. Pursuant to the negotiated agreement, Ruiz was to be sentenced to a two-year state prison term to be served consecutively to the previously imposed sentence. Ruiz waived time for sentencing. On December 17, 2012 Ruiz indicated he wanted to withdraw his plea. His counsel informed the court, because she believed there were no valid grounds for such a motion, Ruiz might assert his Sixth and Fourteenth Amendment rights to represent himself under Faretta v. California (1975) 422 U.S. 806 [45 L.Ed.2d 562, 95 S.Ct. 2525] (Faretta). Ruiz appeared for sentencing on February 8, 2013 and asked to represent himself. The trial court granted the motion. Later the same day a deputy sheriff reported finding a