P. v. Freeman

Filed 6/28/06 P. v. Freeman CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

On July 11, 2002, by amended information, the Marin County District Attorney charged defendant with six felonies occurring in December 2001 and January 2002: three counts of passing bad checks (Pen. Code, § 476[1]), one count of residential burglary (§ 459) and two counts of theft from an elder or dependant adult (§ 368, subd. (d)). The information also alleged that defendant had suffered two prior out-of-state felony convictions: an October 31, 1991 conviction of residential burglary in the State of Hawaii and a July 30, 1993 conviction of residential burglary in the State of Washington.

On March 4, 2003, the Marin County Grand Jury charged defendant by indictment with 22 felonies occurring from 1999 through 2001: nine counts of issuing checks with nonsufficient funds (§ 476a, subd. (a)), seven counts of grand theft (§ 487, subd. (a)), five counts of commercial burglary (§ 459/460, subd. (b)) and one count of residential burglary (§ 459/460, subd. (a)).

On May 11, 2004, during jury selection, defendant entered pleas of guilty to all charges as part of a negotiated plea with the court,[2] on the understanding that he would be sentenced to a term no greater than eight years eight months. Defendant was sentenced to a term of eight years four months.

Defendant's appellate attorney contends that the court violated defendant's Sixth Amendment rights by failing to provide him substitute counsel during the postplea proceedings. Defendant, on his own, has filed a number of documents entitled, â€