The People v. Barker CA3

FACTS

The facts of defendant’s offenses are not at issue in this appeal and may be briefly stated. Victim Keith Sellons owned a home in Long Beach; victims Daniel Forsythe and Linda Forsythe owned a home in Stockton; and victim Byron Hays owned a home in Spokane, Washington. All three victims had trouble making mortgage payments and sought modifications of their home loans. Defendant told each victim that his employer, Home Care Mortgage Solutions, could obtain the desired loan modification. Each victim

2 paid money to obtain the modification, but no modifications were obtained. As relevant to the felony grand theft conviction, the Forsythes paid $750 to obtain a loan modification that defendant never obtained.

DISCUSSION

I Discharge of Retained Counsel Defendant contends the trial court violated his Sixth Amendment right to counsel of his choice when it denied his request to discharge his retained counsel. We are not persuaded. Background On August 18, 2011, approximately a week prior to defendant’s scheduled jury trial, defendant appeared before the trial court for a Marsden hearing.2 Defendant informed the court he was dissatisfied with his attorney because they had not…