People v. Clauer CA6

STATEMENT OF THE CASE

An information charged defendant John Bruce Clauer with murder (Pen. Code, § 187, subd. (a)).1 The information alleged one prior strike conviction (§ 667, subds. (b)- (i)), one prior serious felony conviction (§ 667, subd. (a)(1)), one prior violent felony prison term (§ 667.5, subd. (a)), and four prior felony prison terms (§ 667.5, subd. (b)). Following a trial, a jury convicted defendant of first degree murder. In a bifurcated proceeding, the trial court found all of the charged allegations to be true. The trial court sentenced defendant to a prison term of 50 years to life consecutive to nine years.

1 Subsequent unspecified statutory references are to the Penal Code. Defendant now appeals from the judgment of conviction. On appeal, he contends that the trial court erred in failing to conduct a Marsden2 hearing after he made comments regarding defense counsel’s performance. As set forth below, we will affirm.

BACKGROUND3

Before trial, defendant made three separate requests for appointment of substitute counsel, and the trial court held three separate Marsden hearings. The trial court denied the three requests for substitute counsel on January 25, 2013,…