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Name: People v. Harrison
Case #: A132915
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 04/18/2013

After granting defendant’s Faretta motion trial court had no duty to advise defendant of an option to request advisory counsel. A jury convicted defendant of sexual attacks against four women. He was sentenced to 100 years to life. One of defendant’s appellate issues challenged the trial court’s failure to advise him that he had the right to request appointment of advisory counsel after his request for self-representation was granted. Held: Affirmed. Prior to trial defendant’s motion for self-representation was granted. At that time, an attorney was appointed as standby counsel, which involves no active role in the defense, but meant that counsel attended proceedings and was familiar with the case in the event counsel was needed to take over defendant’s representation. In contrast, an advisory counsel actively assists a defendant in preparing the case and provides legal advice. However, a defendant has no constitutional right to advisory counsel and the court has no sua sponte duty to appoint advisory counsel or to advise a defendant he may request such counsel be appointed.