Self-Representation Archives

Categories: By CALCRIM Number, Defenses, Jury Instructions, Mistake/Necessity/Duress, Right to Counsel, Self-Representation

Summary

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

Opinion Date: 06/06/2017

Categories: Right to Counsel, Self-Representation

Summary

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

Opinion Date: 04/04/2017

Categories: Right to Counsel, Self-Representation

Summary

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

Opinion Date: 01/11/2017

Categories: Right to Counsel, Self-Representation, Waiver of Counsel

Summary

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

Opinion Date: 11/29/2016

Categories: 1368 Competence, Defenses, Mental, Pretrial Motions, Right to Counsel, Self-Representation

Summary

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

Opinion Date: 11/21/2016

Categories: Right to Counsel, Scope of Right, Self-Representation

Summary

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

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

Summary

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

Opinion Date: 03/30/2016

Categories: Prop 47, Right to Counsel, Self-Representation, Sentencing

Summary

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

Opinion Date: 05/13/2015

Categories: Right to Counsel, Self-Representation, Waiver of Counsel

Summary

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

Opinion Date: 04/30/2015

Categories: Right to Counsel, Self-Representation, Waiver of Counsel

Summary

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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