People v. Gardner CA1/2

STATEMENT OF THE CASE

Appellant was charged by information filed on January 23, 2013, with second degree robbery (Pen. Code, § 211), a serious felony within the meaning of section 1192.7, subdivision (c), and a violent felony within the meaning of section 667.5, subdivision (c). It was alleged that appellant had suffered a prior conviction for a serious felony (§ 667, subd. (a)(1)) and two prison priors (§ 667.5, subd. (b)). On February 4, 2013, appellant moved for new appointed counsel to replace his appointed public defender (People v. Marsden (1970) 2 Cal.3d 118 (Marsden)). Appellant complained that he and his attorney were having problems communicating and

1 his attorney was prioritizing other cases over his.1 After hearing from the attorney, the court denied the motion. Jury selection began on March 19, 2013. Appellant made another Marsden motion, which was denied after a hearing.2 Another Marsden-type hearing was conducted on March 20 at the suggestion of defense counsel and the court again declined to relieve appointed counsel.3 Presentation of the case to the jury began that day: The victim, an eyewitness, the responding police officer and a defense expert witness on…