People v. Merenda CA5

INTRODUCTION

In the early morning hours of September 12, 2009, defendant Darren Jack Merenda stabbed Donald Futch 11 times with a knife, causing Futch’s death. On October 11, 2011, a jury found defendant guilty of deliberate and premeditated murder in violation of Penal Code section 187, subdivision (a).1 Defendant was sentenced to 25 years to life. On appeal, defendant contends he was denied his Sixth Amendment right to counsel of choice when, approximately two weeks prior to the start of trial, his newly retained private counsel appeared in court and sought a trial continuance indicating he had just been retained and would not be ready for trial. The trial court denied the continuance principally because the prosecution represented it had a “critical witness” (Peter Delacruz) under state subpoena who was serving in the Army in Afghanistan and the Army would transport Delacruz to trial in two weeks. However, after the court denied the continuance, and before the jury was sworn, the Army informed the prosecution team that its state subpoena was insufficient to compel Delacruz’s trial attendance, which the prosecutor failed to disclose to the court or defense. Prior to the jury…