People v. Acosta CA4/2

STATEMENT OF THE CASE

On June 24, 2020, an information charged defendant with attempted robbery under

Penal Code sections 664 and 211, a felony (count 1); driving or taking the vehicle of

another, to wit, a 1988 Lincoln Towncar, under Vehicle Code section 10851, subdivision

(a), a felony (count 2); receiving stolen property under Penal Code section 496d,

subdivision (a), a felony (count 3); and misdemeanor theft (count 4). The information

also alleged that that defendant was ineligible for probation under California Rules of

Court, rule 4.413. The information further alleged that defendant had two serious priors

under Penal Code sections 667, subdivisions (c), and (e)(2)(A), and 1170.12, subd.

(c)(2)(A).

On June 16, 2020, defendant requested to represent himself, and the court granted

defendant’s request. On June 30, 2020, defendant made an oral motion to dismiss his

case; the court denied his motion. Thereafter, on July 21, 2020, defendant filed a written

motion to set aside the information under Penal Code section 995. After a hearing on the

motion, the court denied defendant’s motion. Pursuant to a request from defendant on

October 9, 2020, that counsel be…