People v. Holtzen CA3

BACKGROUND

As the underlying facts of the charged crimes have no bearing on the issues presented on appeal, we do not recite them here. An information charged defendant with two counts of sodomy by force (Pen. Code, § 286, subd. (c)(2)(A))1 and injury to a spouse or cohabitant (§ 273.5, subd. (a)). The information also alleged defendant had suffered one prior strike. Defendant initially pleaded not guilty to all charges. Eight days prior to trial, during a trial readiness hearing, defendant made an oral motion to represent himself pursuant to Faretta and provided the court with an executed form petition to proceed in propria persona. Defendant also prepared but did not file a “Notice of Motion and Motion to Invoke My 6th Amendment Right to Self- Representation,” citing Faretta. The following colloquy took place between the trial court and defendant: “THE COURT: [S]ir, you understand that there is an old saying in the law that an attorney who represents himself has a fool for a client. Have you ever heard that before? “THE DEFENDANT: Yes. “THE COURT: And if that’s the old saying as to an attorney, with a legal degree and experience, how much worse off is it for someone who is not…