P. v. Coffer CA1/2
Defendant Johnathan Christopher Coffer appeals from his convictions for sexually assaulting two women, one after the other, in an abandoned home on the night of January 12, 2018. He contends the trial court abused its discretion when it denied his post-trial motion under People v. Marsden (1970) 2 Cal.3d 118 (Marsden) to replace his defense counsel, erred in giving the jury a flight instruction under Penal Code section 1127c because there was no evidence to support it, and erred in sentencing him to a one-year prior prison term enhancement sentence under section 667.5, subdivision (b) based on the retroactive application of a change in that statute. We affirm, except that we strike the one-year prior prison term enhancement and remand the case to the trial court for resentencing.
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