People v. Jorgenson CA3

Filed 3/4/15 P. v. Jorgenson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Placer) ----

THE PEOPLE, C076311

Plaintiff and Respondent, (Super. Ct. Nos. 62118774, 62123706) v.

BA'SHAY EDWARD JORGENSON,

Defendant and Appellant.

Appointed counsel for defendant Ba’Shay Edward Jorgenson has filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant has filed a supplemental brief and an amendment thereto, loosely claiming that (1) his pretrial Marsden motions (People v. Marsden (1970) 2 Cal.3d 118) seeking new counsel were wrongfully denied; (2) he did not knowingly and willingly waive his attorney’s conflict of interest with respect to a prosecution witness; (3) he was not given the opportunity to testify at trial; and, (4) the trial court improperly

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denied his motion for new trial, erroneously basing it on his failure to request new counsel before trial. As we explain, we find defendant’s claims unpersuasive and fail to find any arguable error that would result in a disposition more favorable to him. Accordingly, we affirm. FACTUAL AND PROCEDURAL BACKGROUND Current Offense On July 29, 2013, at about 12:00 a.m., Melvin Chapman went to sleep in a sleeping bag by a truck center on Highway 49 in Auburn. Just before going to sleep, he had given defendant some tobacco rolling papers, after which defendant thanked him and left. Chapman had known defendant for approximately six years. Chapman awoke when defendant struck him in the ear with an object Chapman believed to be a tire iron. Defendant then put his hand on Chapman’s face, struck him with the object twice more on the back of the head, and walked away. Chapman made a report from the hospital to the police at around 8:00 a.m. By the time Chapman reported the assault, defendant was in jail; he had been arrested around 6:30 a.m. that morning for being drunk in public. The arresting officer had come upon defendant acting strangely and punching a metal light pole approximately 120 yards from where Chapman was assaulted. Later, when defendant was asked why he had assaulted Chapman, he neither admitted nor denied committing the assault. On July 31, 2013, defendant was charged with assault and corresponding (personal) use of a deadly weapon (§ 245, subd. (a)(1)), in connection with the assault on Chapman a few days before. Probation Offenses At the time of the assault, defendant was on probation for his plea to an assault with force likely to produce great bodily injury (§ 245, subd. (a)) committed in 2012, and also for misdemeanor resisting a peace officer (§ 148, subd. (a)).