People v. Berber CA4/3

FACTS

In June 2021, Berber rented a room in a motel. About twenty minutes later, he returned to the motel office and asked for a refund, claiming the air conditioner in the room did not work. The manager told him the motel policy prohibited refunds; he then went to Berber’s room and confirmed the air conditioner was working. When the manager again refused Berber’s demand for a refund, Berber began to chase him and said, “We’ll see about getting that.” Berber punched the manager and grabbed his wallet out of his pants pocket. In addition to the manager’s identification, social security and medical cards, the wallet contained about $218. With the wallet, Berber walked back to his truck and drove away. Berber was charged with robbery. He was represented by appointed counsel. He did not waive his right to a speedy trial, so January 17, 2023 was the last day the case could be brought to trial. In December 2022, Berber made a motion to relieve his appointed counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118. However, at the conclusion of the confidential hearing, Berber agreed to take the motion off calendar. The court set the case for trial on January 11, 2023; because neither…