McCoy

People v. McCoy

Bad Law
12 Cal. Rptr. 2d 476·1992 Cal. App. LEXIS 1133·9 Cal. App. 4th 1578·92 Daily Journal DAR 13060·92 Cal. Daily Op. Serv. 8029
Court of Appeal of CaliforniaSeptember 22, 1992H007866California2,943 words

Opinion

Opinion

Cottle, J.

I.

Introduction

Defendant Dennis Devana McCoy was charged by information with three counts of violating a child custody order (Pen. Code, § 278.5). Representing himself, defendant waived jury trial, stipulated to certain facts, and submitted his case on the preliminary hearing transcript and the stipulated facts pursuant to Bunnell v. Superior Court (1975) 13 Cal.3d 592 [ 119 Cal.Rptr. 302 , 531 P.2d 1086 ]. The trial court suspended imposition of sentence and placed defendant on probation for five years upon condition, inter alia, that he serve one year in county jail. In his briefs defendant contends two of his convictions must be reversed because “he engaged in only one criminal act.” (Capitalization omitted.) He also claims his Bunnell submission was invalid because it was based on “a serious misapprehension of the value of the inducement offered by the court and the prosecutor” (capitalization omitted), the trial court failed to honor his rejection of probation, and his waiver of his right to counsel was involuntary because the court erroneously denied his repeated requests to replace the public defender.

II.

Facts

Defendant and Nannietta McCoy married November…

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