People v. Rios CA4/2

statement of the case, a summary of the facts, and identifying three potentially arguable

issues: (1) whether the court erred in denying defendant’s Marsden3 motion; (2) whether

the court erred in permitting admission of purportedly prejudicial photographic exhibits

of defendant showing his tattoos; and (3) whether the court erred in imposing the upper

term on count 1.

Defendant had been sentenced to prison on three prior occasions based upon a total of five felony convictions; thus, the court sentenced defendant to one consecutive term for one of the five prior prison terms, which was alleged to have been based on three convictions occurring on the same date. (People v. Banks (2014) 59 Cal.4th 1113, 1170 [consecutive terms served on prior felony convictions are considered only a single prior separate prison term supporting only a single one-year sentence enhancement].)

People v. Marsden (1970) 2 Cal.3d 118 (Marsden).

2 Defendant was offered the opportunity to file a personal supplemental brief, which

he has done. In his brief, defendant reiterates appellate counsel’s concern regarding the

allegedly prejudicial nature of the photographic exhibits admitted, which…