Lobaugh

People v. Lobaugh

Caution
188 Cal. App. 3d 780·1987 Cal. App. LEXIS 1278·233 Cal. Rptr. 683
Court of Appeal of CaliforniaJanuary 12, 1987Crim. 14937California1,718 words

Opinion

Opinion

Ackley, J.

Defendant pled guilty to robbery (Pen. Code, § 211) and admitted the use of a firearm (Pen. Code, § 12022.5). He also admitted a prior serious felony conviction within the meaning of Penal Code sections 667 and 1192.7, subdivision (c), and a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). He was sentenced to state prison for the middle base term of three years for the robbery, two years consecutive for the firearm use, five years consecutive for the prior serious felony conviction, and one year consecutive for the prior prison term, for a total term of eleven years. On appeal he argues: (1) the case must be remanded for resentencing; (2) the trial court abused its discretion in denying his Marsden motion for new counsel (People v. Marsden (1970) 2 Cal.3d 118 [ 84 Cal.Rptr. 156 , 465 P.2d 44 ]); and (3) the trial court abused its discretion in denying his motion for continuance. We affirm.

The facts, simply put, are that on April 9, 1985, defendant, armed with a sawed-off rifle, robbed a donut shop.

I.

Defendant makes several assertions of sentencing errors, First, he argues the trial court erroneously imposed the serious felony…

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