P.

P. v. Azzara CA2/4

Good Law
Court of Appeal of CaliforniaMay 30, 2013B240981California4,136 words

Opinion

Opinion

Willhite, J.

INTRODUCTION

Defendant Richard Matthew Azzara appeals the judgment of conviction on charges of identity theft, forgery, unlawful access card activity, and drug possession. Azzara contends that (1) insufficient evidence supported his conviction for identity theft; (2) the trial court violated his constitutional rights by denying his request for a continuance on the first day of trial so that he could retain private counsel; and (3) the trial court erred in failing to hold a Marsden hearing. We find no error and affirm the judgment.

BACKGROUND

I. Charges

Azzara was charged with two counts of identity theft, as to victims Rebecca Buckalew and Connie Gonsalves (Pen. Code, § 530.5, subd. (a)),1 one count of forgery (§ 484f, subd. (a)), one count of unlawful access card activity (§ 484i, subd. (c)), and one count of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). It was also alleged that Azzara had a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and served a prior prison term (§ 667.5, subd. (b)).

II. Evidence at Trial

On August 13, 2010, Deputy Hector Mancinas of the Los Angeles County Sheriff’s Department stopped a black 2007…

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