P. v. Gellini
Following a court trial, defendant was convicted of petty theft with a prior ( 666/484, subd. (a).)[1] The court found true three prior convictions which had been alleged to limit the trial courts ability to grant probation ( 1203, subd. (e)(4)). The court sentenced defendant to a 16 month state prison term. On appeal, defendant contends that the trial court abused its discretion in denying his four Marsden[2]motions and his motion to withdraw his waiver of a jury trial. Court find no abuse of discretion in regard to any of the contested rulings and therefore affirm the judgment.
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