Defendant appealed a judgment of the Exceptional Courtroom, San Diego County (California), which convicted defendant for pimping, in violation of Cal. Penal Code § 266h, and pandering, in violation of § 266i (b).
Subsequent to becoming convicted of pimping and pandering, defendant argued that the demo court violated his proper to counsel by denying his movement for a continuance to look for substitute counsel on the 1st working day of trial. Having said that, the courtroom held that the demo court docket acted in its discretion in denying defendant’s motion for a continuance because defendant unsuccessful to create that he manufactured a excellent faith, diligent effort and hard work to get retained counsel before the scheduled demo date. In so keeping, los angeles ada lawyers the court famous that defendant’s proper to counsel did not involve the suitable to be represented by a distinct legal professional from the business appointed to protect him and that the counsel representing defendant said that he was organized for the trial. Reviewing the situation, the courtroom then held that any prosecutorial comment regarding defendant’s failure to testify at demo was harmless mistake in light of the trial court’s curative instruction and the overpowering proof in help of defendant’s guilt. Making use of a a few-part exam, the court docket then concluded that the demo court’s denial of the opportunity for probation, pursuant to Cal. Penal Code § 1203.065, did not represent cruel and strange punishment.
The court affirmed defendant’s conviction and sentences for pimping and pandering since prosecutorial remarks regarding defendant’s failure to testify constituted harmless, if any, mistake, and the denial of probation to defendant pursuant to state law did not constitute cruel and abnormal punishment.
Defendant appealed a judgment of the Top-quality Court docket of Los Angeles County (California), which convicted him of retaining or occupying a space with paraphernalia for the purpose of recording or registering a bet on a horse race in violation of Cal. Penal Code § 337a(2) and recording and registering these types of wager in violation of Cal. Penal Code § 337a(4) and denied his movement for a new trial.
Defendant was convicted of the crimes of keeping or occupying a area with paraphernalia for the purpose of recording or registering a guess on a horse race and of recording and registering this sort of guess. The thoughts presented upon his attraction from the judgments and from the order denying a new trial anxious the admissibility of sure telephone discussions and the refusal of the demo courtroom to give three asked for jury recommendations. Upon thing to consider, the court docket affirmed, holding that: (1) due to the fact the judgment of conviction was amply supported by defendant’s testimony, it was not needed to think about the concern of law presented by him regarding the admissibility of the telephone conversations if the discussions ended up correctly been given in evidence, they tended to show possibly the functions which defendant admitted or perform constituting a criminal offense or crimes of which he was neither billed nor convicted (2) no error was dedicated by the demo court in refusing to give defendant’s requested instruction on circumstantial proof and (3) the other jury guidance submitted by defendant had been properly refused by the trial courtroom.
The judgment of the demo court docket was affirmed.