People v. Luna CA3

Filed 7/25/16 P. v. Luna CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C081069

Plaintiff and Respondent, (Super. Ct. No. 15F01091)

v.

JULIO LUNA,

Defendant and Appellant.

This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). I. BACKGROUND A felony complaint filed in February 2015 charged defendant Julio Luna with attempted second degree robbery (count 1; Pen. Code, §§ 664/211);1 attempted vehicular escape from a pursuing peace officer’s distinctively marked motor vehicle, which was displaying at least one red lamp and sounding its horn as was reasonably necessary

1 Undesignated statutory references are to the Penal Code.

1

(count 2; Veh. Code, § 2800.2, subd. (a)); and unlawful use of personal identifying information (count 3; § 530.5, subd. (a)). Codefendant Sylvia Lorraine Soltero was also charged in counts 1 and 3. On April 30, 2015, the complaint was amended to charge count 1 as threatening the victim with a deadly weapon, a misdemeanor. (§ 417, subd. (a)(1).) The other counts remained the same. The amended complaint also alleged a prior strike. After a preliminary hearing on the same date, the trial court held defendant to answer on all counts and deemed the amended complaint an information. On June 26, 2015, defendant sought to make a Marsden motion.2 On July 8, 2015, the Marsden motion was dropped, and defendant moved for a Faretta waiver.3 Trial, which had also been scheduled for July 8, was continued due to the unavailability of defendant’s trial attorney. On July 10, 2015, Judge Allen Sumner heard and denied defendant’s Faretta motion for two reasons: (1) it was untimely because trial had been originally set for July 8, 2015, and defendant claimed he would need four months to prepare; and (2) it appeared that defendant was making the motion out of frustration with appointed counsel, not because he truly wanted to represent himself. The trial date was rescheduled for July 27, 2015. On July 17, 2015, the court heard defendant’s renewed Marsden motion. Judge Michael Bowman held an extensive hearing on the motion and denied it. Defendant thereafter made an oral Faretta request. After defendant’s counsel explained the basis of Judge Sumner’s ruling on defendant’s prior Faretta motion, Judge Bowman denied this one.