People v. Bisel CA5

INTRODUCTION

Appellant/defendant Gregory Eugene Bisel, a registered sex offender with two prior convictions, was charged and convicted of two counts of annoying or molesting two boys under the age of 18 years, based on two separate incidents: 16-year-old A.G. in July 2012 (count II) and 14-year-old T.H. in August 2012 (count I). (Pen. Code, § 647.6, subd. (c)(2).)1 He was sentenced to the second strike term of 15 years 8 months. On appeal, defendant argues the court abused its discretion when it denied his motion for a mistrial based on a discovery violation, when the investigating officer revealed at trial that he recorded his interview with A.G., the victim in count II, and he failed to previously disclose its existence or turn it over to either the prosecution or defense. After the disclosure, the recording was immediately turned over to the defense, but defendant argued the belated disclosure was prejudicial. Defendant also argues the court abused its discretion when it denied his motion at the sentencing hearing to represent himself pursuant to Faretta v. California (1975) 422 U.S. 806 (Faretta). We affirm.

FACTS

At trial, it was stipulated that on January 23, 1997,…