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Name: People v. Robles
Case #: B189525
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 02/26/2007

A defendant in a criminal proceeding retains the personal and fundamental right to decide certain matters, including whether to admit a probation violation. Although counsel has control over the right to make decisions affecting trial tactics and court proceedings, the defendant retains the right to plead guilty [except to a capital charge] or admit a probation violation. In this case, at a hearing on a second violation of probation, trial counsel requested an evidentiary hearing but defendant overrode the request with a stated desire to admit the violation. The appellate court noted that when defendant expressed his intention to not follow trial counsel’s advice to seek an evidentiary hearing, it was not necessary for the trial court to conduct a Faretta hearing (Faretta v. California (1975) 422 U.S. 806 [45 L.Ed.2d 562]) as the conflict did not implicate Sixth Amendment rights.