People v. Deleon CA6

Facts and Proceedings Below On June 11, 2012, the Santa Cruz County District Attorney filed an information in which defendant was charged with one count of assault with a deadly weapon. (§ 245, subd. (a)(1).)1 The information contained three allegations: 1) that defendant had previously been convicted of a serious felony (§ 667, subd. (a)(1)); 2) that defendant had served a prior prison term (§ 667.5, subd. (b)); and 3) that defendant had suffered a prior serious or violent felony conviction within the meaning of section 667, subdivisions (b) through (i). On November 9, 2012, the court conducted a Marsden hearing. (People v. Marsden (1970) 2 Cal.3d 118.) After hearing from defendant and defendant's counsel, the court denied defendant's request for new appointed counsel.2 At trial, Juan Escamilla testified that he was the owner of Wilson Tires in Soquel. In May 2012, he lived in an apartment upstairs from the shop. Escamilla said that he had been in a relationship with defendant's mother for about 18 years; he considered

1 All unspecified section references are to the Penal Code. 2 It appears that defendant made a second Marsden motion, which was denied. Defendant…