P. v. Leyva CA5
On July 10, 2007, a criminal complaint was filed charging appellant, Adolfo Leyva, with first degree murder. Count 1 also alleged a special circumstance that the murder was committed during an attempted carjacking and an enhancement for being armed with a gun. The complaint further alleged attempted carjacking (§§ 664 & 190.2, subd. (a)(17); count 2), attempted murder , and assault with a firearm. Counts 2 and 3 alleged an enhancement for being armed with a firearm as alleged in count 1. Leyva pled not guilty on July 10, 2007. His original counsel declared a conflict and new counsel, Michael Platt, was substituted in to represent Leyva during a hearing on July 24, 2007. Beginning with this hearing, the case was continued numerous times over the ensuing ten years with Leyva entering time waivers through September 2017. Although Leyva’s counsel Platt was relieved as private counsel on July 10, 2013, he continued to represent Leyva.
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