People v. Luna CA3

I. BACKGROUND

A felony complaint filed in February 2015 charged defendant Julio Luna with attempted second degree robbery (count 1; Pen. Code, §§ 664/211);1 attempted vehicular escape from a pursuing peace officer’s distinctively marked motor vehicle, which was displaying at least one red lamp and sounding its horn as was reasonably necessary

Undesignated statutory references are to the Penal Code.

1 (count 2; Veh. Code, § 2800.2, subd. (a)); and unlawful use of personal identifying information (count 3; § 530.5, subd. (a)). Codefendant Sylvia Lorraine Soltero was also charged in counts 1 and 3. On April 30, 2015, the complaint was amended to charge count 1 as threatening the victim with a deadly weapon, a misdemeanor. (§ 417, subd. (a)(1).) The other counts remained the same. The amended complaint also alleged a prior strike. After a preliminary hearing on the same date, the trial court held defendant to answer on all counts and deemed the amended complaint an information. On June 26, 2015, defendant sought to make a Marsden motion.2 On July 8, 2015, the Marsden motion was dropped, and defendant moved for a Faretta waiver.3 Trial, which had also been scheduled for July 8,…