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Name: People v. Crayton
Case #: S085780
Court: CA Supreme Court
District CalSup
Opinion Date: 07/08/2002
Subsequent History: Rehrg. den. 9/18/02

When a defendant charged with a felony has been advised (at arraignment on the complaint, and at the preliminary hearing, among other pretrial proceedings) of the of the right to counsel throughout the proceedings, and has waived that right under circumstances that demonstrate an intention to represent oneself both at the preliminary hearing and at trial, the failure of the court to readvise and obtain a new waiver of the right to counsel at arraignment on the information does not require automatic reversal of the later conviction. The requirement of advisement of the right to counsel and obtaining of a waiver at arraignment on the information is of statutory origin (Pen. Code sec. 987), not of constitutional origin. Accordingly, the standard of prejudice to be applied to the error in failing to readvise is that of People v. Watson (1956) 46 Cal.2d 818.