P. v. Ownes
Defendant was convicted of second degree robbery after a court trial, based on the finding that he stole a beer from a liquor store and used force to effect his escape. This court reversed the judgment and remanded the case for the purpose of allowing the trial court to exercise its discretion on defendant's motion to represent himself in a motion for a new trial or sentencing. In this second appeal, defendant contends that the trial court again erred, this time by failing to inquire whether the parties desired a new probation report or whether defendant wished the court to view a videotape of the alleged crime. Defendant further challenges the earlier waiver of his right to a jury trial. Addressing the re-sentencing proceeding, defendant asserts ex post facto violations in the court's order that he undergo fingerprinting and DNA sampling for the state's DNA database under Penal Code section 296. Defendant also calls attention to an inadvertent failure to order an amended abstract deleting reference to a stricken prison prior. Court modify the judgment and otherwise affirm.
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