People v. Berry CA2/1

BACKGROUND

On April 18, 2012, Larry W. Berry (Berry) went to a Target store in Palmdale and took a bicycle and two packs of batteries without paying. Berry was charged with second degree burglary (Pen. Code, § 4591) and petty theft with three priors (§ 666, subd. (a)), with nine prior convictions that qualified as prison priors and prior felonies. On July 28 and August 1, 2013, Berry went to a CVS store in Palmdale and took items valued at $200 or more without paying. Berry was charged with two counts each of second degree commercial burglary (§ 459) and petty theft with three priors (§ 666, subd. (a)), with nine prior convictions that qualified as prison priors. A. Trial court proceedings The trial court consolidated the cases, denied Berry’s Marsden2 motion to relieve his counsel, denied Berry’s counsel’s request to declare a doubt about Berry’s competence and, after accepting his Faretta3 waivers, granted Berry’s request to proceed pro. per. While pro. per., Berry filed several motions, including requests for ancillary funds, for discovery, to set aside counts, for continuance, and for a different judge to preside over his case. Before the new judge, Berry eventually…