People v. Thomas CA5

INTRODUCTION

Following a plea to a violation of Penal Code1 section 273.5, subdivision (a) and the imposition of a four-year sentence, defendant Deontray Deshon Thomas appeals his conviction. He argues the trial court abused its discretion when it granted his motion made under Faretta v. California (1975) 422 U.S. 806 (Faretta) because it failed to consider whether he lacked the mental capacity to represent himself at trial. Defendant also contends that failure resulted in an invalid waiver, thus, denying him his constitutional right to counsel. We affirm the judgment.

BRIEF PROCEDURAL SUMMARY

In an information filed April 14, 2011, it was alleged defendant committed the following violations: count 1—assault with a deadly weapon (§ 245, subd. (b)); count 2—willful infliction of corporal injury upon a cohabitant (§ 273.5, subd. (a)); count 3— criminal threat (§ 422); count 4—unlawful taking of a vehicle (Veh. Code, § 10851, subd. (a)); count 5—unlawful possession of a firearm by a felon (former § 12021, subd. (a)(1)); and count 6—active participation in a criminal street gang (§ 186.22, subd. (a)). A gang enhancement was also alleged (§ 186.22, subd. (b)(1)) as to counts 1, 2,…