People v. Ogamba CA5

INTRODUCTION

Defendant argues that his state and federal rights were violated by the trial court’s refusal to allow plea negotiations to continue during jury selection. We find no error, and affirm the judgment.

FACTS

On November 30, 2012, defendant was charged with burglarizing an inhabited dwelling (count 1; Pen. Code1, § 459), possessing methamphetamine (count 2; Health & Saf. Code, § 11377, subd. (a)), transporting methamphetamine (count 3; Health & Saf. Code, § 11379, subd. (a)), receiving of stolen property (count 4; § 496, subd. (a)), resisting arrest (count 5; § 148, subd. (a)(1)), and falsely identifying himself to a peace officer (count 6; § 148.9, subd. (a)). The information also alleged as to count 2 that the offense was committed while defendant was on bail (§ 12022.1), and as to counts 1 through 4 that defendant had three prior conviction (§ 667.5, subd. (b)). Prior to trial, defendant pled guilty to counts 3, 4, and 6. Defendant’s first jury trial on the remaining counts began on February 19, 2013, but ended in a mistrial. On February 26, 2013, during jury selection for defendant’s second trial, the following exchange took place between the attorneys and the…