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Name: People v. Williams
Case #: D031198
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/13/2001
Subsequent History: Depublished 11/28/01.

The appellate court held the trial court erred in denying defendant’s Faretta (Farretta v. California (1975) 422 U.S. 806) motion. Defendant had been found competent to stand trial, and thus was competent to waive counsel and represent himself. Moreover, there was no evidence to the contrary that defendant’s request was voluntary, knowing, and intelligent. Also, the request, made five days before trial was scheduled to start, was timely as judged by the weight of the case law. The record did not support the trial court’s conclusion that the request was made for the purposes of delay. The trial court did not inquire why defendant wanted to represent himself, so there was no evidence to support the conclusion defendant was delaying. Defendant did not ask for a continuance.