Weber

The People v. Weber

Good Law
159 Cal. Rptr. 3d 228·2013 Cal. App. LEXIS 540·217 Cal. App. 4th 1041·2013 WL 3466223
Court of Appeal of CaliforniaJuly 10, 2013C060135ACalifornia8,715 words

Opinion

Opinion

A jury convicted defendant Joseph Weber of unlawful possession of a gun and ammunition. (Pen. Code, former §§ 12021, subd. (c)(1), 12316, subd. (b)(1).) The jury acquitted him of violating a court order and making criminal threats. (Pen. Code, §§ 273.6, 422.) The trial court sentenced defendant to prison for three years, and defendant timely filed his notice of appeal.

On appeal, defendant principally contends the trial court failed to conduct an adequate Faretta inquiry, to ensure that defendant was competent to waive the assistance of counsel, actually wanted to waive counsel, and knowingly and voluntarily waived counsel. The record shows that the trial court attempted to provide standard Faretta admonitions on the record, but defendant repeatedly interrupted with frivolous objections to the proceedings, as he did throughout the case. We conclude defendant was trying to inject reversible error into the case by insisting on his right to proceed without counsel, but thwarting the trial court’s ability to complete standard Faretta admonitions. Further, the trial court did ascertain on the record that defendant understood he would be held to the same standards as an…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.