P.

FACTS

The sole issue on appeal is the denial of appellant’s motion made pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden). The pertinent facts and

All statutory references are to the Penal Code unless otherwise indicated. 2 circumstances of appellant’s Marsden motion do not implicate the facts of the offenses of which he was convicted. Accordingly, we set forth only the salient facts. December 13, 2011 Incident Albert T. Medina (Medina) placed an ad on Craigslist to sell a silver necklace with a white gold diamond pendant cross. He had purchased the necklace for $1,200 and was offering to sell it for $1,500. Medina received a telephone call from appellant. Medina and appellant agreed that appellant would trade a laptop for the necklace and an iPod. Medina and appellant agreed to meet at a location at 1531 Cowles Street in Long Beach. Appellant said his father worked there and would be able to test the metal to see if the diamonds were real. On December 13, 2011, Medina, accompanied by this mother, went to the location. Medina’s mother took a picture of appellant wearing the necklace. Appellant told Medina that he needed to go inside the shop so that his father…