People v. Galiciano CA3

I. BACKGROUND

In reviewing a ruling on a defendant’s request to waive the right to the assistance of counsel, “[c]ourts must indulge every reasonable inference against waiver of the right to counsel.” (People v. Marshall (1997) 15 Cal.4th 1, 20.) We recite the relevant facts in light of this standard. Defendant went to an acquaintance’s house and asked her for gas money. Defendant then drove with the acquaintance’s son to the gas station and filled a can with gas. He returned to the acquaintance’s house, told the son to “watch and listen,” and then walked over and poured gas on the man who lived next door and lit the man on fire. The neighbor ran into his house screaming, “Babe, I am on fire.” Defendant followed into the neighbor’s house, poured gasoline on the neighbor’s partner, and lit her on fire with a lighter. The fire caused third degree burns over 85 to 90 percent of the two victims’ bodies. The People charged defendant with 10 offenses, including attempted murder of both victims and alleged that several sentence enhancements and aggravating circumstances applied. Defendant initially pled not guilty by reason of insanity. The court ordered defendant to undergo…