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P. v. Venegas

A jury convicted defendant Henry Torres Venegas of possession of heroin for sale, possession of a firearm while under the influence, possession of ammunition by a prohibited person, possession of a firearm by a felon, carrying a concealed firearm, possession of controlled substances while armed with a loaded firearm, and a prior felony conviction for carrying a loaded firearm. (Health & Saf. Code, §§ 11351, 11550, subd. (e), 11370.1; Pen. Code, §§ 12316, subd. (b), 12021, subd. (a)(1), 12025, subd. (a)(2), 12031, subd. (a)(1).)[1] The jury also found true a weight enhancement as to the heroin, and an allegation defendant was personally armed during the offense. (§§ 1203.07, subd. (a)(1), 12022, subd. (c).) The trial court imposed a term of six years and eight months in state prison.
On appeal, defendant argues: (1) the trial court erred in denying his motion for discovery under Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess); (2) defense counsel provided ineffective assistance by failing to renew the Pitchess motion; and (3) the court erred in denying his motion for substitution of counsel. Finding no error, we will affirm.

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