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The People v. Loureece Clark

December 11, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
LOUREECE CLARK, DEFENDANT AND APPELLANT.



(Super. Ct. No. 09F06018)

The opinion of the court was delivered by: Robie , J.

P. v. Clark

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

An information accused defendant Loureece Clark of three counts of second degree robbery, driving with willful wanton disregard for safety while eluding a pursuing peace officer, assault with a firearm, attempted second degree robbery, misdemeanor resisting arrest, and attempted murder as well as several allegations he was armed with a firearm.

A jury found defendant guilty of resisting arrest and deadlocked on the remaining counts and allegations. The trial court declared a mistrial, and the prosecution announced its intention to retry defendant.

Defendant pled no contest to two counts of second degree robbery and evading a peace officer. The remaining counts and allegations were dismissed. Defendant was sentenced to prison for six years.

On appeal, defendant contends the trial court erred when it refused to hear his request, filed prior to the jury trial, to proceed in propria persona. Thus, he claims his resisting arrest conviction must be reversed.*fn1 The People claim any error is harmless because defendant abandoned his request. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The facts of defendant's offenses are not at issue in this appeal and need not be recounted.

On February 3, 2010, appointed counsel represented defendant at the preliminary examination. On February 11, 2010, while presumably still represented by appointed counsel, defendant pled not guilty and denied all allegations.

On June 7, 2010, defendant filed a pro se "Petition to Proceed in Propria Persona" under Faretta v. California (1975) 422 U.S. 806 [45 L.Ed.2d 562]. A hearing on this petition was twice continued. On June 24, 2010, defendant withdrew the petition. The trial court set the trial readiness conference for July 29, 2010, and the trial for August 5, 2010.

On June 30, 2010, defendant filed another pro se "Petition to Proceed in Propria Persona." This petition had a hearing date ...


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