Swanson

Background

By consolidated information, defendant Roy E. Swanson (hereinafter defendant and/or Swanson) was charged in counts I and II with grand theft in violation of Penal Code section 487, subdivision 1. In count III defendant was charged with issuing a check without sufficient funds, a violation of Penal Code section 476a, subdivision (a).

Defendant entered a plea of not guilty. His request to act as cocounsel for his defense was granted. Trial was by jury. Defendant’s motions for dismissal due to the People’s failure to prosecute were denied.

Defendant was found guilty as charged. His ex parte request for bail was denied. His motion to have the public defender relieved as counsel and to proceed in pro. per. was granted. Defendant’s motions for judgment of acquittal and for new trial were denied. Probation was denied. Defendant was sentenced to state prison for a total term of four years four months. The court imposed the high term of three years as to count I, the base term; it also imposed a consecutive term of eight months (one-third of the middle term of two years) for count II and a consecutive term of eight months (also one-third of the middle term of two…