Vera

People v. Vera

Good Law
122 Cal. App. 4th 970·18 Cal. Rptr. 3d 896·2004 Cal. App. LEXIS 1616·2004 Daily Journal DAR 12130·2004 Cal. Daily Op. Serv. 8884
Court of Appeal of CaliforniaSeptember 29, 2004No. H026350California4,389 words

Opinion

lead Opinion

Walsh, J.

After entering a no contest plea to felony battery involving personal infliction of great bodily injury, defendant Mark Nicholas Vera expressed dissatisfaction with the performance of his public defender. In an initial hearing, the trial court heard defendant state several complaints, but ultimately ran out of time because a jury was arriving on another case. Based on defendant’s stated complaints, the court denied defendant’s request for substitute counsel without prejudice, but the court invited defendant to renew his motion at the next hearing. Defendant did not renew his motion. We will affirm the judgment after concluding, among other things, that defendant’s failure to renew his motion bars the contention that he was denied a complete hearing.

*974 The offense

On December 16, 2000, 68-year-old Vincent Breon was assisting at a gas station in Cupertino. Defendant entered the convenience store part of the gas station, grabbed a handful of candy, and offered 15 cents. He seemed to be under the influence of something. Breon told him the candy was worth more and he took candy back from defendant. Defendant left the store. Defendant returned about 10 minutes later,…

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