People v. Mercado CA2/6

FACTS AND PROCEDURAL BACKGROUND

1 All statutory references are to the Penal Code.

2 People v. Marsden (1970) 2 Cal.3d 118.

1 On May 25, 2012, police officers responded to complaints of gang members selling narcotics at an intersection in Los Angeles. Mercado and a codefendant saw the officers and started walking away. Mercado took a knife from his pocket, threw it on the ground and began to run. Officers arrested him. Mercado was charged with carrying a dirk or dagger (§ 21310) and violating a criminal street gang injunction (§ 166, subd. (a)(9)).3 It was alleged that the offenses were committed for the benefit of a criminal street gang (§ 186.22, subds. (b)(1)(A), (d)), and that Mercado had four prior convictions (§ 667.5, subd. (b)). Before his arraignment, Mercado's appointed counsel, Craig Renetzky, informed the trial court that Mercado wished to represent himself. Mercado confirmed that request and stated that he had represented himself in an earlier proceeding. The trial court explained that self-representation in criminal cases generally is a mistake and noted that Renetzky is an experienced criminal attorney. Mercado responded that he had an issue with his present…