P. v. Lomalynda CA1/3
Defendant Obadiah Dartagnan Lomalynda appeals his conviction at a court trial of attempted robbery (Pen. Code, §§ 211, 664), for which he was sentenced to six years four months imprisonment. The court also found numerous enhancements to be true. This court initially remanded the case to the trial court to reconsider several sentencing issues, all of which were resolved on remand. There remains to be considered only defendant’s contention that the trial court erred in denying his request to represent himself at his preliminary hearing and, if the conviction is affirmed, his request for a further remand for the trial court to determine whether to strike a five-year enhancement under Penal Code section 667, subdivision (a)(1) authorized by a recently enacted amendment to Penal Code section 1385, subdivision (b). We shall affirm defendant’s conviction and remand so that the trial court may consider whether to strike this enhancement.
Comments on P. v. Lomalynda CA1/3