P. v. Acuna
Thomas Christopher Acuna appeals from a judgment of conviction following a jury trial at which he was found guilty of violating Vehicle Code section 23152, subdivision (a) (driving under the influence of an alcoholic beverage) and Vehicle Code section 23152, subdivision (b) (driving with a .08 percent or more blood alcohol level). He contends there was insufficient evidence to support his convictions. He argues the trial court abused its discretion by denying his pretrial Marsden motion to dismiss counsel, and that he was deprived of a post-trial Marsden hearing to which he was entitled. (People v. Marsden (1970) 2 Cal.3d 118 (Marsden).) He asserts that the trial court abused its discretion at sentencing when it denied his request to dismiss a prior strike in the interests of justice. He asks that we review the sealed Pitchess record to determine whether discoverable information was improperly withheld. (Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess).) Finally, he asks that we order the abstract of judgment and minute order to be corrected in order to reflect the sentence imposed orally by the trial court. The judgment is affirmed.
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