P. v. Rodriguez
Filed 6/13/06 P. v. Rodriguez 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
(San Joaquin)
THE PEOPLE, Plaintiff and Respondent, v. ENRIQUE RODRIGUEZ, Defendant and Appellant. | C047840
(Super. Ct. No. MF027708A)
|
Defendant Enrique Rodriguez was convicted of possessing a weapon while he was confined at a California Youth Authority (CYA) institution. (Welf. & Inst., § 1001.5, subd. (a).)[1] On appeal he argues: (1) the trial court denied him his rights to counsel and due process when it refused to replace his court appointed counsel; (2) the prosecution suppressed evidence favorable to the defense; (3) the trial court permitted improper hearsay testimony; (4) his trial counsel should have moved to continue the trial because of an unavailable witness; (5) the trial court erred in failing to instruct on a lesser included offense; (6) the trial court improperly defined â€