People v. Engel CA4/3

Filed 11/10/15 P. v. Engel CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G050074

v. (Super. Ct. No. 11HF1297)

ROBERT BRUCE ENGEL, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Gregg L. Prickett, Judge, and Vickie L. Hix, Commissioner. Affirmed. Request for judicial notice. Granted. Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Teresa Torreblanca, Deputy Attorneys General, for Plaintiff and Respondent. * * *

INTRODUCTION Robert Bruce Engel appeals from an order of commitment determining him to be incompetent and committing him to the State Department of State Hospitals. The order is appealable as a final judgment in a special proceeding. (People v. Christiana (2010) 190 Cal.App.4th 1040, 1045.) Engel argues the trial court erred by denying his motion for new counsel made pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden) without conducting a hearing. We affirm. The trial court did not abuse its discretion by denying the Marsden motion, and any error in not conducting a Marsden hearing was harmless beyond a reasonable doubt.

FACTS AND PROCEDURAL HISTORY On May 9, 2011, two teenage girls saw Engel masturbating while he was seated at a public library. His pants were unzipped, he was breathing heavily, and, although a newspaper was on his lap, one of the girls saw his erect penis. The girls reported the incident to the librarian, who contacted law enforcement, but Engel had already left the library. On May 16, 2011, an Orange County Sheriff’s deputy was dispatched to the same library, where the deputy arrested Engel, who had four prior convictions for indecent exposure. Engel was charged by information with one count of indecent exposure in violation of Penal Code section 314, subdivision 1. In October 2012, following a bench trial, Engel was convicted as charged. Sentencing was continued. In November 2012, the trial court granted Engel’s motion to be relieved of retained counsel and to appear in propria persona. Counsel for Engel was reappointed in August 2013. In October 2013, Engel’s trial counsel announced that Engel wanted to bring a Marsden motion (the first Marsden motion) and represent himself. A Marsden hearing was conducted, following which the trial court denied the first Marsden motion.