People v. Sadhra CA3

BACKGROUND

We limit our recitation of the background to the circumstances relevant to the contentions on appeal. In 2019, defendant was charged with stalking, vandalism, and contempt of court in connection with an incident of stalking his ex-wife. In April 2019, defendant requested a hearing pursuant to People v. Marsden (1970) 2 Cal.3d 118. After speaking with defendant and his attorney, the trial court denied the motion. On the day before trial, during a hearing on motions in limine, defense counsel said defendant did not believe the defense was ready to proceed with trial. Defense counsel represented that defendant believed there was additional evidence that needed to be obtained before trial could begin. Such evidence included a video held by the Manteca court branch, surveillance video from Walmart, and surveillance video from nearby retailers. Defense counsel articulated numerous reasons why he did not believe additional evidence could be obtained, including the fact that the Manteca court branch no longer had any such video, and that he did not intend to move for a trial continuance. The trial court stated: “We’re not gonna continue the case. It does not sound like there’s…