P. v. Kindseth CA4/2 filed 3/6/13 A

State: California

Court: California Eastern District Court

Docket No: E054294

Case Date: 03/06/2013

Plaintiff: P.

Defendant: Kindseth CA4/2 filed 3/6/13 Case Details

Preview:Filed 3/6/13 P. v. Kindseth CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL ALLEN KINDSETH, Defendant and Appellant. E054294 (Super.Ct.No. FMB1100011) OPINION

APPEAL from the Superior Court of San Bernardino County. Rodney A. Cortez, Judge. Affirmed. Charles R. Khoury, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, and Melissa Mandel, Marissa Bejarano, and Scott C. Taylor, Deputy Attorneys General, for Plaintiff and Respondent.

1

Defendant Michael Allen Kindseth led a San Bernardino County Sheriff's deputy on a high speed chase on his motorcycle that ended in the desert. Defendant abandoned his motorcycle and was found hiding in the bushes. In his backpack, over 19 grams of methamphetamine were found, along with several other items indicative of drug sales and a firearm. Defendant was convicted of evading a police officer, possession of a controlled substance for sale, transportation of a controlled substance, and possession of a firearm by a felon. Defendant now contends on appeal as follows: 1. His Sixth and Fourteenth Amendment rights to effective assistance of

counsel were violated when the trial court denied his motion to substitute trial counsel prior to trial brought pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden). 2. The trial judge should have recused himself once it was discovered he had

prosecuted defendant when he was a deputy district attorney in previous cases and that failure to recuse himself violated defendant's right to a fair trial and due process under the Fourteenth Amendment of the federal Constitution.1 I PROCEDURAL BACKGROUND Defendant was convicted by a jury of evading a police officer (Veh. Code,

Download E054294.PDF