People v. Richardson

A jury found defendant Dwayne Richardson guilty of one count of first degree residential burglary (Pen. Code, § 459), two counts of making criminal threats (§ 422), and one count of kidnapping (§ 207, subd. (a)). The trial court sentenced defendant to five years in state prison. On appeal, defendant contends the trial court erred when it failed to conduct a hearing pursuant to People v. Marsden (1970) 2 Cal.3d 118 [ 84 Cal.Rptr. 156 , 465 P.2d 44 ] (Marsden) in response to defendant’s posttrial letters to the court requesting a motion for new trial. We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant and J.P. worked together selling vacuum cleaners door to door. They began a romantic relationship, and J.P. moved into defendant’s house, keeping her own apartment and renting it to D.B., a coworker.

The relationship between defendant and J.P. soon soured, and J.P. told defendant she wanted to move out. Defendant became angry when he learned J.P. was out with a friend, R., looking for a place to live. R. dropped J.P. off at her apartment. Defendant soon showed up, screaming and yelling at J.P. to come outside and give him “his fucking keys back,” and…