P. v. Escarcega
A jury convicted defendant Rodrigo Escarcega of one count of evading an officer (Veh. Code, § 2800.2, subd. (a)) (count 2) and one count of hit and run driving, a misdemeanor (Veh. Code, § 20002, subd. (a)) (count 3). With respect to count 2, the jury found true the allegations that defendant had suffered two prior convictions for serious felonies (Pen. Code, §§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)), 667, subd. (a)(1)). After denying defendant’s Romero[1] motion, the trial court sentenced him to a third-strike term of 25 years to life in count 2 and a jail sentence equivalent to time served in count 3.
Defendant raises several issues relating to the trial court’s revocation of his in propria persona (pro. per.) status and its refusal to reinstate defendant’s pro. per. status for the purpose of his researching and presenting a new trial motion. He also contends that the trial court denied his rights under the Sixth and Fourteenth Amendments by not allowing him to be present during sidebar conferences. In addition, defendant requests this court to review the sealed transcript of his Pitchess[2] hearing.
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