P. v. Martinez CA4/2
A jury convicted defendant and appellant, Gilbert David Martinez, of driving or taking a vehicle without consent and receiving stolen property with a value not exceeding $950, specifically toys, video games, and computer equipment. The jury additionally found true an allegation that defendant had suffered a prior strike conviction. The court found true an allegation defendant committed the offense while he was out on bail. (Pen. Code, § 12022.1.) The court sentenced defendant to an aggregate term of six years of incarceration.
On appeal, defendant contends the court committed structural error in denying defense counsel’s request for a continuance after the People turned over fingerprint evidence to the defense after the jury had been sworn. We affirm.
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