People v. Price CA2/1

Filed 11/17/15 P. v. Price CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B257138

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA130337) v.

ASHLEY LUTHER PRICE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Sean D. Coen, Judge. Affirmed. Katharine Eileen Greenebaum, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Margaret E. Maxwell, Supervising Deputy Attorney General, William H. Shin and Wyatt Bloomfield, Deputy Attorneys General, for Plaintiff and Respondent. ——————————

A jury convicted Ashley Luther Price of attempted kidnapping and carjacking. He appeals, arguing that the trial court abused its discretion when it revoked his propria person status before trial and failed to reinstate that status after trial. We affirm. BACKGROUND An information charged Price with two counts of attempted kidnapping to commit rape (Pen. Code,1 §§ 209, subd. (b)(1), 664), one count of unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)), one count of carjacking (§ 215, subd. (a)), and one count of second degree robbery (§ 211). The information alleged that Price had one prior conviction of a serious and violent felony, one prior conviction of a serious felony, and one prior conviction for which a prison term was served. At the preliminary hearing, Price was represented by the alternate public defender (hereinafter, counsel). Price stated he had a private lawyer and was not ready. Price’s counsel explained that a private lawyer had indicated he wanted to substitute in, but the substitution motion had been denied as had a motion to continue the preliminary hearing. Counsel had represented Price at the preliminary hearing. Price pleaded not guilty and denied the allegations at his arraignment on December 10, 2013. Price’s counsel informed the court that the private defense lawyer had told counsel that the retainer had not been paid and wanted the arraignment continued. Price stated he was not ready to move forward with current counsel. The court conducted a hearing under People v. Marsden (1970) 2 Cal.3d 118 (Marsden), denied the Marsden motion, and set a further pretrial date. At the next pretrial hearing on March 3, 2014, counsel informed the court he had more investigation to finish and wanted a continuance; the court granted the motion. Price asked to address the court, stated he had a complaint against counsel, and the court conducted another Marsden hearing. When the court denied the Marsden motion, Price stated he wanted to represent himself with cocounsel. The court denied the request to appoint cocounsel and advised Price that although he had a constitutional right to self-