Self-Representation

Name: People v. Stringer
Case #: D073877
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/07/2019
  • Categories: By CALCRIM Number, Defenses, Jury Instructions, Mistake/Necessity/Duress, Right to Counsel, Self-Representation

Jury instruction for aggravated kidnapping prejudicially allowed conviction under the legally invalid theory that defendant kidnapped to exact money or something valuable from the kidnap victim. A jury convicted Stringer of aggravated kidnapping (Pen. Code, § 209, subd. (a)) and…

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Name: People v. Ruffin
Case #: B270940
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 06/06/2017
  • Categories: Right to Counsel, Self-Representation

Although the defendant asked to represent himself and signed a Faretta waiver form, the trial court failed to ensure that defendant's waiver of right to counsel was knowing and voluntary. Ruffin was charged with corporal injury to a cohabitant (Pen.…

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Name: People v. Parrott
Case #: A146642
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 04/04/2017
  • Categories: Right to Counsel, Self-Representation

Although record did not establish that defendant properly invoked his right to self-representation, the fact he was not represented by counsel at sentencing was harmless error given the negotiated disposition. Parrott entered guilty pleas in two cases charging him with…

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Name: People v. Bush
Case #: A140589
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 01/11/2017
  • Categories: Right to Counsel, Self-Representation, Waiver of Counsel

A trial court is not required to advise a defendant of all possible penal consequences of his offense in order to obtain a valid pretrial waiver of right to counsel. Bush, who represented himself at trial, was found guilty of…

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Name: People v. Shiga
Case #: B256009
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 11/29/2016
  • Categories: 1368 Competence, Defenses, Mental, Pretrial Motions, Right to Counsel, Self-Representation

Defendant's arson conviction reversed where the trial court was unaware of its discretion to deny a "gray area" defendant's Faretta motion. Shiga set fire to a Catholic church and was charged with arson (Pen. Code, § 451.5, subd. (a)) and…

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Name: People v. Ramos
Case #: B248512
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 11/21/2016
  • Categories: Right to Counsel, Scope of Right, Self-Representation

Self-represented defendant's constitutional right to counsel was violated when the trial court removed him from the courtroom during trial without appointing standby counsel to represent him. While on trial for making criminal threats and other offenses, Ramos elected to represent…

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Name: People v. Debouver
Case #: B262455
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/27/2016
  • Categories: Areas Constitutional Law, Crimes, Elements of Crimes, General Principles, Jury Instructions, Right Against Self-incrim, Right to Counsel, Self-Representation

Defendant who broke into secure subterranean garage of apartment building, where he was confronted by the apartment manager, committed first degree burglary with person present. A jury convicted defendant of first degree burglary (Pen. Code, § 459) with a "person…

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Name: People v. Fedalizo
Case #: B263029
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 03/30/2016
  • Categories: Prop 47, Right to Counsel, Self-Representation, Sentencing

Defendant failed to demonstrate that he was denied his right to self-representation during Proposition 47 proceedings. Fedalizo represented himself in two cases: an initial case in which he pleaded no contest to second degree burglary, receiving stolen property, and other…

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Name: People v. Miranda
Case #: B256806
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 05/13/2015
  • Categories: Right to Counsel, Self-Representation, Waiver of Counsel

Defendant's waiver of right to counsel was voluntary, despite his later claims of mental health problems, because the record did not reflect that he was unable to represent himself without the help of counsel. Miranda was charged with making criminal…

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Name: People v. Jackio
Case #: C074019
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/30/2015
  • Categories: Right to Counsel, Self-Representation, Waiver of Counsel

For a waiver of the right to counsel to be knowing and voluntary, the trial court does not need to warn a defendant about the full range of sentencing possibilities; it need only warn him about the maximum penalty. Jackio…

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