People v. Velasquez CA2/4

INTRODUCTION

Oscar Velasquez appeals from a judgment and sentence, following his convictions on two counts of attempted murder of a police officer, two counts of assault with a firearm on a police officer, and two counts of being a felon in possession of a firearm. He contends the trial court abused its discretion when it denied his request to appoint his previously retained private counsel to represent him at public expenses, in violation of Harris v. Superior Court of Alameda County (1977) 19 Cal.3d 786 (Harris). He further complains that he received ineffective assistance of counsel when his trial counsel failed to secure a witness for trial and failed to object to a prejudicial comment made by a prosecution witness. Finally, he contends there was insufficient evidence to support his convictions for being a felon in possession of a firearm, or to support the gang enhancement allegations. Appellant also requests that this court independently review the sealed transcript of the in camera proceeding on his motion pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). The People have no objection to independent review of the Pitchess hearing. For the following…