P. v. Ruiz
A jury convicted defendant James Ruiz of corporal injury to a spouse. (Pen. Code, § 273.5, subd. (a) (count 1).)[1] The jury found Ruiz not guilty of assault by means likely to produce great bodily injury. (§ 245, subd. (a)(1) (count 2).) In a bifurcated trial, the jury found Ruiz had suffered four prior convictions (§ 667.5, subd. (b)), one of which was a prior conviction within the meaning of the “Three Strikes†law (§§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d)). Ruiz was sentenced to 12 years in state prison, consisting of the upper term of four years, doubled pursuant to the Three Strikes Law, plus one additional year for each of the four prior prison term convictions.
Ruiz contends on appeal that the trial court erred by (1) failing to hold an adequate Marsden[2] hearing in which the court questioned Ruiz about his dissatisfaction with appointed counsel; (2) denying Ruiz’s midtrial motion to represent himself; (3) admitting evidence of prior bad acts; and (4) instructing the jury that Ruiz had a motive to commit the charged offenses. Ruiz further contends that the cumulative effect of these errors requires reversal of his conviction. As we agree with the first contention, we reverse the judgment and remand the matter to the trial court. Because after holding an appropriate Marsden hearing on remand the judgment could be reinstated, we proceed to consider the remaining contentions raised by Ruiz on appeal and find no further error.
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