The People v. Guzman CA3

BACKGROUND

In October 2006, defendant was stopped near Bishop, California for driving over 100 miles per hour. A computer stolen from a resort in Mono County was found in the trunk, along with methamphetamine and indicia of drug sales. After his 2006 arrest in this case defendant was prosecuted in Inyo County for drug possession in an unrelated case in which he pled no contest and was sentenced to six years in state prison on February 8, 2007. On February 9, 2012, defendant, who was then serving a state prison term in an unrelated case from Los Angeles County, sent a demand for trial on the 2006 burglary charge to the Mono County District Attorney. Defendant was transported to Mono County and a preliminary examination on the second degree burglary charge was held on April 10, 2012. The trial court determined there was insufficient evidence to hold defendant over for burglary, but held defendant over on an added count of receiving stolen property. During a pretrial conference, defense counsel told the trial court defendant was prepared to waive his right to a jury trial and have a court trial. The prosecutor and the trial court accepted the waiver. Defendant was present at the…