People v. Johnson CA2/7

INTRODUCTION

This is James Johnson’s second appeal. In his first appeal he argued the trial court erred in revoking his right under Faretta v. California (1975) 422 U.S. 806 (Faretta) to represent himself and in appointing counsel to represent him at his sentencing hearing. We agreed with Johnson and directed the court to resentence him and to apply any ameliorative legislation that went into effect while his appeal was pending. On remand the trial court granted Johnson’s request to represent himself. At the sentencing hearing, which occurred after 16 months of continuances, Johnson (immediately after the court denied his request for another continuance) sought to revoke his waiver of his right to counsel. The court denied Johnson’s request to reappoint counsel as untimely and resentenced him. Johnson argues the court erred in denying his request for counsel. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. A Jury Convicts Johnson of Multiple Crimes; We Affirm the Convictions, but Vacate His Sentence and Direct the Trial Court To Resentence Him In 2018 a jury convicted Johnson of attempted robbery (Pen. Code, §§ 211, 664);1 assault with a deadly weapon (§ 245, subd. (a)(1));…