People v. Perez CA4/2

INTRODUCTION

Defendant Michael Perez owned a house and rented rooms to two other men.

Various amounts of methamphetamine and drug paraphernalia were found throughout

defendant‟s home during the execution of a search warrant.

A jury convicted defendant of possession of methamphetamine for sale. (Health

& Saf. Code, § 11378.) The court suspended sentence and granted formal probation for

36 months.

This appeal involves defendant‟s oral motions for self-representation. First,

defendant contends the trial court had a duty to conduct a full Marsden1 inquiry in

addition to a Faretta2 inquiry. Second, defendant argues that, after he withdrew his

Faretta motion, the trial court had a duty to initiate a Marsden inquiry because defendant

and defense counsel were irreconcilably in conflict with one another. Third, defendant

argues that the court erred in denying a motion to continue the trial before ruling on

defendant‟s Faretta motion. Defendant contends that his due process rights and right to

effective assistance of counsel were violated because of the trial court‟s errors. Finally,

defendant argues that he received ineffective assistance of counsel during the…