People v. Razo CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In April 2023, the People charged defendant with second degree burglary (Pen. Code, § 459, count II) (unless otherwise stated, statutory section citations that follow are to the Penal Code); grand theft (§ 487, subd. (a), count III); and receiving stolen property (§ 496, subd. (a), count IV). We note that, as to Count I, the charge of making criminal threats (§ 422, subd. (a), count I) was alleged solely against defendant’s codefendant, Christopher Cody Donovan. The complaint alleged all other counts jointly against defendant and Donovan.

On August 9, 2023, defendant moved to relieve his then counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118. After holding a hearing, the court denied the motion. On August 10, 2023, defendant resolved his case by pleading no contest to burglary and grand theft, counts II and III. As the factual basis for the plea, the People stated that, on or about April 19, 2023, the victims went to their residence that had a shop on the property, which had been burglarized earlier in the day, in order to secure the property from further break-ins. When they arrived, they saw a vehicle driven by defendant leaving the…