P. v. Penarojas
Defendant Smith DeJesus Penarojas appeals his conviction on one count of second degree robbery (Pen. Code, 211) with a true finding he personally used a firearm (Pen. Code, 12022.53, subd. (b).) On appeal he contends that the trial court erred in failing to order a competency evaluation pursuant to Penal Code sections 1368 and 1369;[1] in finding he was not incompetent based upon ex parte statements; in putting him in a stealth belt without cause, which forced defendant to absent himself from the courtroom; and in denying his motion to represent himself and failing to continue the matter to accommodate his request. Defendant further contends his counsel was ineffective for failing to object to the ex parte statements. Court affirm.
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