P. v. Ochoa CA5
On September 17, 2020, a first amended information was filed in the Superior Court of Fresno County charging appellant with count 1, possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)); and count 2, misdemeanor possession of an injection/ingestion device (Health & Saf. Code, § 11364), with one prior strike conviction.
On October 1, 2020, appellant’s jury trial began with motions. The court heard and denied appellant’s motion to discharge his attorney pursuant to People v. Marsden (1970) 2 Cal.3d 118.
Plea
On October 5, 2020, appellant pleaded no contest to both counts and admitted the prior strike conviction pursuant to a negotiated disposition for an indicated maximum term of four years, and the court’s consideration of a request to dismiss the prior strike conviction.
Presentence Report
On March 5, 2021, appellant filed a sentencing brief and requested dismissal of the prior strike conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497.
Comments on P. v. Ochoa CA5