P. v. Moore
A jury convicted defendant Gregory Moore of one felony count of possessing a controlled substance, methamphetamine, (Health and Saf. Code, S 11377, subd. (a)) and one misdemeanor count of possessing drug paraphernalia (Health and Saf. Code, S 11364, subd. (a)). Right before the trial commenced, defendant made a Marsden motion to discharge appointed counsel. After a hearing, the court denied the motion. At trial, defendant admitted he had one prior serious felony conviction within the meaning of the Three Strikes law (Pen. Code, SS 667, subds. (b) (i); 1170.12) and had served a prior prison term (Pen. Code, S 667.5, subd. (b)).
The trial court sentenced defendant to four years in prison on the felony count (twice the mid term because of the strike prior) and a concurrent term of six months on the misdemeanor count. The court struck the additional punishment for the prior prison term.
Defendant contends the trial court erred in denying his Marsden motion. Court affirm.
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