People v. Leon CA2/7

INTRODUCTION

Defendant Francisco Julian Moncada Leon appeals from a judgment of conviction entered after a jury found him guilty of one count of first degree murder (Pen. Code,1 § 187, subd. (a)) and the trial court sentenced him to a state prison term of 25 years to life. Leon challenges the denial of his June 28, 2012 Faretta2 motion. Leon also seeks correction of his presentence custody credits, based on documents in Spanish from Mexico, to include 306 days he was incarcerated in Mexico prior to his extradition to the United States. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Crime Leon and Erika Chavez had a romantic relationship from 2000 to 2006, and they had two children together. Leon had a history of violence toward Chavez. During the fall of 2006, Leon began dating Janet Martinez, a 25-year-old mother of two who lived with her mother. On November 3, 2006 Leon and Martinez were having sexual intercourse when Martinez asked Leon to slow down because he was hurting her. Leon became upset, threatened Martinez, beat her, and repeatedly sexually assaulted her. Leon drove Martinez to her home. When she tried to get out of the car, Leon pulled her…