Vigil

On May 1, 2007, defendant was convicted by the court of felony infliction of corporal injury on a spouse and a misdemeanor violation of a protective order (Pen. Code, §§ 273.5, subd. (a), 273.6, subd. (a)) in action No. CC512127.

At the same time, defendant was also convicted by the court of felony assault with a deadly weapon and misdemeanor driving with a suspended or revoked license in action No. CC503983. With respect to both actions, defendant admitted that his prior conviction qualified as a “strike” within the meaning of the “Three Strikes” law. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12.) He also admitted that his prior conviction qualified as a serious felony with respect to action No. CC503983. (Pen. Code, § 667, subd. (a).)

In action No. CC512127, the court sentenced defendant to the upper term, doubled, for a total term of eight years. In action No. CC503983, the court reduced the assault conviction to a misdemeanor pursuant to Penal Code section 17, credited defendant with 259 days in custody, and deemed the sentence served.

On appeal, defendant makes two claims. First, he argues that reversal of his conviction is required because his right to counsel…