People v. Olaiz CA4/3

FACTS

On September 9, 2007, defendant entered a motel room with a gun. The room occupant, Falicia Stevenson, attempted to flee, tripped and fell, and a struggle ensued. During the struggle defendant’s gun fired twice and struck Stevenson in the leg and thigh.

2 A subsequent search of defendant’s residence resulted in the recovery of ammunition and white powdery substances which were believed and later stipulated to be cocaine and methamphetamine. A narcotics expert opined defendant possessed the cocaine and methamphetamine for sale.

DISCUSSION OF ISSUES SUGGESTED BY COUNSEL

1. The Court Properly Denied Defendant’s Marsden Motion. On the first day of the trial defendant moved to have his appointed counsel relieved and replaced. (See People v. Marsden (1970) 2 Cal.3d 118.) After an in camera hearing, in which the court heard from defendant and his appointed counsel, the court denied the motion. The sealed transcript of the hearing supports the court’s finding counsel had conducted an adequate investigation, and defendant was simply seeking to delay the trial. (People v. Silva (1988) 45 Cal.3d 604.) 2. The Court Properly Denied Defendant’s Motion to Substitute Retained Counsel. A…