People v. Vargas

Opinion

BRAUER, J.

A jury found appellant Norberto John Vargas guilty of a violation of Penal Code section 288, subdivision (a) (lewd and lascivious act with a child under 14). He appeals from the judgment of conviction with the following contentions.

1. The court should have continued the trial date upon granting his motion to proceed in propria persona;

2. He was tried on a count not properly part of the information;

3. The prosecutor engaged in prejudicial misconduct;

4. The court erred in failing to give CALJIC jury instruction number 2.11 sua sponte; and

5. The court erred in imposing a five…