Nichols

A jury convicted appellant Charles W. Nichols of theft or unauthorized use of a vehicle (Veh. Code, § 10851, subd. (a)). The jury also found appellant had suffered two prior convictions for robbery of an inhabited dwelling (and related crimes) on March 15, 1984, and first degree burglary on September 16, 1987. The court sentenced appellant to a term of 25 years to life pursuant to the three strikes law. (Pen. Code, § 667, subds. (d) & (e)(2)(A). )

Appellant raises eight separate issues in this appeal. Most significantly, appellant contends (1) the trial court erred when it failed to give appellant an opportunity to waive his right to conflict-free counsel when his first attorney declared a conflict of interest; (2) his second counsel also had a conflict of interest; and (3) the trial court erred when it refused to inform the jury this was a three strikes case in order to encourage them to exercise their power of “jury nullification.” We affirm.

I

Facts

The facts of the current offense are only tangentially relevant to the issues appellant raises on appeal. It is sufficient to note appellant was initially charged with unauthorized use or theft of a vehicle (Veh. Code,…