Filed 11/23/05 P. v. Cathy CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, Plaintiff and Respondent, v. CHARLES RAY CATHY, Defendant and Appellant.

B175971 (Super. Ct. No. NA058508)

APPEAL from a judgment of the Superior Court of Los Angeles County. Mark C. Kim, Judge. Affirmed.

Robert Valencia, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven D. Matthews and Shawn McGahey Webb, Deputy Attorneys General, for Plaintiff and Respondent.

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Charles Ray Cathy appeals from the judgment entered after a jury convicted him of being a felon in possession of a handgun (Pen. Code, § 12021, subd. (a)(1)) and of firing a gun with gross negligence. (Pen. Code, § 246.3.)^[1] According to Cathy, the trial court erred by denying his motion to dismiss a prior conviction allegation brought under the Three Strikes law and by denying his motions to replace his public defender. We affirm.

FACTS AND PROCEDURAL HISTORY

At around 4:30 a.m. on September 14, 2003, Charles Ray Cathy and Terence Crawford tried to force their way into the Long Beach apartment of Cathy's former girlfriend, Patricia Manuel. They were stopped by Manuel's adult son, Darryl Harris, who scuffled with Cathy. Harris pushed Cathy against a living room window, breaking it. Cathy told Crawford, â€