People v. Calderon CA2/8

INTRODUCTION

Mario Emerson Calderon appeals from his judgment of conviction of one count of assault with a deadly weapon (Pen. Code,1 § 245, subd. (a)(1); count 1) and three counts of second degree robbery (§ 211; counts 2–4). On appeal, Calderon argues (1) the trial court erred in denying his two pretrial motions for substitution of counsel under People v. Marsden (1970) 2 Cal.3d 118 (Marsden), and (2) the abstract of judgment incorrectly identifies the offense in count 2. We conclude the trial court did not abuse its discretion in denying the Marsden motions because it conducted an adequate inquiry into Calderon’s claims about his counsel, and Calderon failed to show inadequate representation or an irreconcilable conflict. We modify the abstract of judgment to correct the error in count 2, but otherwise affirm.

FACTUAL AND PROCEDURAL BACKGROUND

I. Evidence at trial

A. July 28, 2021 assault at Target On July 28, 2021, Elijah Lloyd was working as a security guard at a Target store in Pico Rivera. Lloyd observed Calderon load two canopies into a shopping cart and then attempt to leave the store without paying for the items. When Lloyd approached Calderon near the exit,…