People v. Coyle CA4/1

INTRODUCTION

In early May 2014 the court granted the San Diego County District Attorney's

motion to consolidate for trial People v. Coyle (Super. Ct. San Diego County, No.

SCE338250)─in which Coyle was charged with one count of robbery (Pen. Code,

211)─and People v. Coyle (Super. Ct. San Diego County, No. SCE338168) in which

Coyle was charged with three counts of burglary (§ 459). That same day, based on the

court's granting of the motion to consolidate the two cases, the District Attorney filed a

five-count amended consolidated information charging Coyle with three counts of

burglary (counts 1-3: § 459), one count of robbery (count 4: § 211), and one count of

grand theft from a person (count 5: § 487, subd. (c)).

The court had previously denied Coyle's Marsden2 request that the court replace

his court-appointed counsel.

At trial, after both parties rested, the court granted a defense motion to dismiss the

count 4 robbery charge and count 5 charge of grand theft from a person.

The jury found Coyle guilty of the two burglary counts charged in counts 1 and 2,

but found him not guilty of the third burglary count charged in count 3.

At the probation and…