P. v. Alcaraz
Defendant Abel Alcaraz was convicted after a jury trial of unlawful driving or taking of a vehicle (Veh. Code, 10851, subd. (a)); he was acquitted on the alternative count of receiving stolen property (Pen. Code, 496). He was sentenced to two years in prison. Defendant argues on appeal that he made a pretrial motion to represent himself pursuant to Faretta v. California (1975) 422 U.S. 806 (Faretta). He argues that he made this motion in connection with an additional motion to discharge his court-appointed attorney pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden) and that the court committed reversible error by denying the Faretta motion that he claims to have made when he sought to discharge his counsel pursuant to Marsden. He argues further that the trial court erroneously admitted certain evidence that defendant had moved to have strickeni.e., the statement he allegedly made to an officer after his arrestbecause the police officer witness had no independent recollection of the statements and therefore the evidence lacked foundation. For the reasons below, Court conclude that there was no Faretta error and that the court did not abuse its discretion by denying the motion to strike. Accordingly, Court affirm the judgment of the trial court.
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