P. v. Obalade CA3
Defendant Roderick Jason Obalade appeals following conviction on three counts of second-degree robbery (Pen. Code, § 211; unless otherwise set forth, statutory references that follow are to this Code), each with personal use of a firearm (§ 12022.53, subd. (b)), and one count of possession of rock cocaine (Health & Saf. Code, § 11350, subd. (a)). Defendant contends: (1) The trial court infringed on his Sixth Amendment right to counsel by limiting him to written communications with trial counsel during trial; (2) a pretrial identification procedure was impermissibly suggestive; and (3) this court must reduce his felony drug conviction to a misdemeanor pursuant to Proposition 47 adopted by voters November 4, 2014, after his conviction and while this appeal was pending. We conclude defendant forfeited the first two points by failing to raise them in the trial court, and Proposition 47 requires defendant to first pursue a statutory remedy in the trial court. We accordingly affirm the
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