P.

INTRODUCTION

Defendant Eddie Tillman appeals from a conviction, following a jury trial, of petty theft with a prior. (Pen. Code, §§ 484, 666.)1 He maintains the trial court erred in denying his request for self-representation. He also claims the court erred in not committing him to the California Rehabilitation Center. We conclude the trial court improperly denied defendant’s Faretta2 motion, and therefore reverse the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On August 27, 2010, FoodMaxx loss prevention officer Paul Martinez stopped defendant near the exit of the Antioch store after watching defendant place three packages of meat into a bag and walk toward the exit. Martinez and another employee asked to see defendant’s receipt, which he could not produce. Martinez then called police, who collected store surveillance footage, searched and arrested defendant, and 1 All further statutory references are to the Penal Code unless otherwise indicated. 2 Faretta v. California (1975) 422 U.S. 806 (Faretta). 3 Given our conclusion, we need not, and do not, reach the sentencing error issue.

1 wrote a report. The Contra Costa County District Attorney filed an information charging…