People v. Coronado CA2/4

Filed 8/19/14 P. v. Coronado CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B248829

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA122500) v.

DENNIS KEVIN CORONADO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John A. Torribio and Peter Espinoza, Judges. Affirmed. Donald L. Stansbarger for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Jonathan J. Kline and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION Dennis Kevin Coronado appeals from a judgment and sentence, following his convictions for oral copulation with and committing lewd acts upon a child. Appellant contends his convictions should be reversed, as he was denied his right to counsel of choice. He argues (1) that the trial court erred in denying his motion to substitute new trial counsel, which he made on the eve of trial; and (2) that the court erred in denying his motion for a new trial. For the reasons stated below, we affirm. PROCEDURAL HISTORY In an information filed May 1, 2012 by the Los Angeles County District Attorney, appellant was charged with three counts of forcible lewd acts upon a 1 child (Pen. Code, § 288, subd. (b)(1); counts 1, 3, & 4), and three counts of oral copulation/sexual penetration with a child under the age of 10 (§ 288.7, subd. (b); counts 2, 5, & 6). Appellant pleaded not guilty. Appellant was represented by deputy public defender Lizandro Salas at his preliminary hearing. Deputy public defender Tammy L. Landeros later became appellant’s attorney of record. On November 21, 2012, appellant orally requested new counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden). Following a hearing, the court denied the motion. On December 17, 2012, trial was set for January 2, 2013. At a later court date, appellant indicated he had retained private counsel, but when the public defender contacted private counsel, she was informed that he had not yet been retained. On the date set for trial, January 2, private counsel appeared. Appellant sought to relieve his public defender and to substitute private counsel. Private counsel stated he was not ready for trial and sought a continuance. The prosecutor objected, based on the age of 1 All further statutory citations are to the Penal Code.