People v. Rubbock CA2/5

INTRODUCTION

Defendant and appellant Robert Rubbock (defendant) was convicted of counterfeit seal (Pen. Code, § 4721). On appeal, defendant contends, without argument, that the trial court erred in denying his motion made pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess), but because the reporter‟s transcript of the hearing on the motion is “unavailable,” we should reverse his judgment of conviction. Defendant also contends that the trial court erred in revoking his pro. per. status, denying four of his motions made pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden), and denying his numerous other requests for Marsden hearings. We affirm the judgment.

BACKGROUND

A. Factual Background2 Los Angeles Police Department officer Dennis Diviak testified that on December 16, 2010, while on patrol, he and his partner responded to a dispatch radio call that a male wearing a baseball cap was driving a red Dodge Charger while intoxicated. The officers saw a red Dodge Charger in a motel parking lot with the engine and brake lights on, and when they approached the vehicle they saw defendant in the driver‟s seat. Officer Diviak believed defendant to be…