Percelle

A. Introduction

A jury convicted defendant Steven Dale Percelle of three counts of using an altered, stolen, or counterfeit access card (Pen. Code, §§ 484g, subd. (a), 487), one count of attempting the same crime, and one count each of acquiring access card information with fraudulent intent (§ 484e, subd. (d)), receiving or withholding stolen property (§ 496, subd. (a)), and theft or unauthorized use of a vehicle (Veh. Code, § 10851, subd. (a)). The jury found defendant not guilty of a second vehicle theft count.

Allegations that defendant had suffered one prior strike conviction (§§ 667, subds. (b)-(i), 1170.12) and five prior prison terms within the meaning of section 667.5, subdivision (b) (prison priors) were separately tried to the jury. The jury found all prior conviction allegations to be true. The trial court sentenced defendant to 14 years in state prison and ordered him to pay restitution directly to the victims. (§ 1202.4.)

On appeal, defendant contends (1) that the trial court erred by requiring him to make a successful Marsden motion before ruling on his Faretta motion for self-representation, (2) that a one-year enhancement for a prison prior is…