People v. Switt CA2/3

INTRODUCTION

A jury convicted Defendant Carlos Swift of possession of a controlled substance in violation of Health and Safety Code section 11377.1 Defendant contends he was not present when his trial commenced and, therefore, the court committed reversible error by conducting the trial despite his voluntary absence. (See Pen. Code, § 1043, subd. (b).)2 Additionally, Defendant argues the court erred by summarily denying his Marsden motion (see People v. Marsden (1970) 2 Cal.3d 118) without allowing him to state any reasons for the requested dismissal of his appointed counsel. Neither contention has merit. We affirm.

FACTS AND PROCEDURAL BACKGROUND

On March 15, 2013, Special Agent Timothy Ohno and his partner, Pomona Police Officer Alyssa Bolstrom, encountered Defendant while on patrol in Pomona. Defendant consented to be searched by Agent Ohno, who found a plastic ziploc bag containing an

1 The People charged the Health and Safety Code section 11377 offense as a felony and the jury convicted Defendant as such. Defendant admitted he had suffered one prior serious or violent felony conviction under the three strikes law, pursuant to which the trial court doubled Defendant’s…