P. v. Casas CA2/1
An amended information charged Eivan Casas with burglary (Pen. Code, § 459; count 1), three counts of assault with a deadly weapon (§ 245, subd. (a)(1); counts 2, 4 & 6), vandalism (§ 594, subd. (a); count 8), and three counts of criminal threats (§ 422, subd. (a); counts 9-11). The amended information also alleged Casas used a deadly and dangerous weapon in the commission of each criminal threats offense (a sledge hammer as to count 9, a wooden object as to count 10, and a tire iron as to count 11). (§ 12022, subd. (b)(1).)
Casas made three pretrial Marsden motions, which the trial court denied, after holding a hearing outside the presence of the prosecutor on each motion.
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