P. v. Nunez CA4/2
Pursuant to a plea agreement, defendant and appellant Alexander Beltran Nunez pled guilty to robbery (Pen. Code, § 211), being an active participant in a criminal street gang and carrying a loaded firearm (§ 25850, subd. (c)(3)), and active participation in a criminal street gang (§ 186.22, subd. (a)). He also admitted specified firearm and gang enhancements. (§§ 12022.53, subd. (b), 186.22, subd. (b)(1)(C).) A trial court immediately sentenced defendant to a total of 22 years in state prison, in accordance with the agreement. The court set another hearing for two weeks to resolve a credit calculation issue. At the next hearing, defendant requested that his retained counsel be substituted in for his appointed counsel. The court allowed the substitution, although it saw no need for new counsel, since it only intended to award credits. New counsel immediately asked for a continuance until five days later, which the court denied.
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