P. v. Thomas
Filed 1/10/07 P. v. Thomas CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. MICHAEL LARUE THOMAS, Defendant and Appellant. | F049032 (Super. Ct. No. F04907897-3)
O P I N I O N |
APPEAL from a judgment of the Superior Court of Fresno County. Edward Sarkisian, Jr., and Gary D. Hoff, Judges.
Jeffrey S. Kross, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Carlos A. Martinez and Virna L. DePaul, Deputy Attorneys General, for Plaintiff and Respondent.
INTRODUCTION
During the evening of July 19, 2004, appellant Michael Larue Thomas fatally shot Dwayne Haron during a dispute concerning care of appellant's children.
Appellant was convicted after jury trial of first degree murder and being a felon in possession of a firearm. (Pen. Code, §§ 187, subdivision (a), 1202.1).[1] A special allegation that appellant personally discharged a firearm, causing death, was found true. (§ 12022.53, subd. (d).) Appellant admitted a prior strike allegation. (§§ 667, subds. (a)-(i), 1170.12, subds. (a)-(e).) He was sentenced to 80 years to life imprisonment.
Appellant contends the court prejudicially erred by refusing his attorney's request for a trial continuance. We disagree and will affirm.
RELEVANT FACTS[2]
On June 2, 2005,[3] Robert Wynne substituted into appellant's case and the public defender was relieved. Trial date remained set for June 27.
On June 16, the trial date was vacated and reset to July 18 at Wynne's request.
On Thursday, July 14, Wynne spoke to the prosecutor and told him that he wanted â€
