People v. Spencer CA2/8

Filed 7/18/14 P. v. Spencer CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B252817

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. YA087515, SA082907, v. BA333271)

DONALD R. SPENCER,

Defendant and Appellant.

APPEAL from judgments of the Superior Court of Los Angeles County. Mark S. Arnold, Judge. Affirmed.

Hart J. Levin, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Defendant and appellant Donald R. Spencer appeals from the judgments of conviction in Superior Court case No. YA087515 (jury trial), and from Superior Court cases Nos. SA082907 and BA333271 (court trial/contested probation revocation hearings). We affirm. In case No. YA087515, defendant was charged by information with second degree commercial burglary (CVS store) (Pen. Code, § 459; count 1)1; attempted second degree commercial burglary (Walgreens) (§§ 459, 664; count 4); and petty theft with three priors (CVS store) (§ 484, subd. (a), § 666, subd. (a); count 6). It was specially alleged defendant had suffered a prior conviction for robbery within the meaning of the “Three Strikes” law (§ 667, subds. (b)-(i), § 1170.12, subds. (a)-(d)).2 The events that resulted in the charges being filed against defendant occurred on the afternoon of May 27, 2013, in the City of Torrance when defendant, and his codefendant, drove to several stores, including a CVS drug store and a Walgreens, and took numerous items of merchandise without paying. At the arraignment hearing in June 2013, defendant requested to represent himself. After giving the appropriate admonitions and taking defendant’s waivers on the record, the court granted defendant’s motion pursuant to Faretta v. California (1975) 422 U.S. 806. The court appointed standby counsel. Defendant pled not guilty. The court also informed defendant that his probation was being revoked in case Nos. SA082907 and BA333271. Defendant was therefore remanded without bail. At the next scheduled hearing, defendant requested the appointment of counsel, and the court so ordered. Trial was continued to accommodate defense counsel who was engaged in another trial. During this same time period, defendant declined the prosecution’s offer to resolve the case.