People v. Martin CA2/4

INTRODUCTION

Richard Martin appeals from a judgment following his conviction for first degree residential burglary. He contends the trial court abused its discretion (1) when it denied his pretrial request to discharge his retained attorney and hire new counsel, (2) when it admitted evidence of a prior uncharged residential burglary, and (3) when it denied his request under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) to strike his 2008 prior “strike” conviction for robbery. Finding no reversible error, we affirm.

PROCEDURAL BACKGROUND

Appellant was charged with one count of first degree residential burglary 1 (Pen. Code, § 459) and one count of receiving stolen property (§ 496). It was further alleged that appellant had suffered five prior convictions (§ 1203, subd. (e)(4)), including a strike for purposes of the Three Strikes law (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)), and had served five prior prison terms (§ 667.5, subd. (b)). Before a bifurcated jury trial commenced, appellant made an oral motion to discharge his privately retained counsel and hire new counsel. The trial court denied the motion. The jury found appellant guilty of first degree…