P. v. Smith
Filed 5/12/06 P. v. Smith 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. FREE ODELL SMITH, Defendant and Appellant. |
C048752
(Super. Ct. No. 04F01798)
|
Defendant Free Odell Smith was convicted after a jury trial of second degree murder (Pen. Code, § 187, subd. (a); undesignated statutory references are to the Penal Code) and found he personally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)). Sentenced to an aggregate term of 40 years to life in prison, defendant appeals. He contends the trial court erred by: (1) denying his pre-trial request for new counsel; (2) failing to hold a post-verdict Marsden[1] hearing or, alternatively, appoint new counsel; and (3) refusing to grant defendant's request to file a pro se motion for new trial. We affirm.
BACKGROUND
A detailed recitation of the evidence presented at trial is unnecessary to our resolution of the issues on appeal. Instead, we provide a condensed summary.
On the morning of February 21, 2004, Scott Appleby, defendant's business partner in a mobile auto repair business, was sleeping in one of defendant's cars parked on Odea Drive in Sacramento. Around 5:30 a.m., Appleby was awoken by the sound of someone starting and stealing defendant's Chevrolet Caprice Classic, which was parked directly behind the car in which Appleby was sleeping. Appleby saw three cars in the vicinity at the time of the theft, including a 1969 white Mercury Cougar. Appleby informed defendant of the theft and gave him descriptions of the cars.
The following afternoon, Appleby was on Odea Drive, working on a car owned by â€
