P. v. Trujillo
Filed 4/5/06 P. v. Trujillo CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. PATRICK DANIEL TRUJILLO, Defendant and Appellant. | C049765
(Super. Ct. No. 04F04869)
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Beleaguered by 11 months of dilatory motions by defendant Patrick Daniel Trujillo acting in pro. per., the trial court denied his request to delay sentencing to enable a lawyer to represent him. Defendant urges us to reverse his convictions for failing to register as a convicted sex offender (Pen. Code, § 290, subd. (g)(2)), possession of a hypodermic needle (Bus. & Prof. Code, § 4140), false personation (Pen. Code, § 529, ¶ 3), and providing false identification to a police officer (Pen. Code, § 148.9, subd. (a)). The court sentenced defendant, a seasoned recidivist for over 20 years, to a low term of 32 months in state prison with credit for the 11 months he had already served in county jail. Finding no abuse of discretion in the court's refusal to reinstate defendant's right to counsel or in allowing an escort officer to accompany him at trial and no instructional error, we affirm the judgment.
FACTS
Because defendant was convicted of assault with the intent to commit rape in 1983, he was required to register as a sex offender. (Pen. Code, §§ 220, 290, subd. (g)(2).) He performed his duty sporadically over the years. On July 17, 2003, he registered as a sex offender with the Sacramento Police Department, listing a homeless shelter as his address. He moved out of the shelter two weeks later. He was incarcerated again in November 2003, released in March 2004, and apparently remained homeless until his arrest in May 2004. He did not register after his release from prison.
At approximately 11:00 p.m. on May 28, 2004, a police officer stopped defendant, who was riding his bicycle without a visible front light and with a hypodermic needle in his pocket. Defendant gave the officer a false name. When his true identity was discovered, including his ongoing responsibility to register as a sex offender, defendant told the officer he â€
