Harbolt

People v. Harbolt

Good Law
206 Cal. App. 3d 140·253 Cal. Rptr. 390
Court of Appeal of CaliforniaNovember 28, 1988Docket Nos. D004696, D007610, D007933California6,841 words

Opinion

Opinion

Todd, J.

A jury convicted Don V. Harbolt of possession of a fictitious bill, note or check (Pen. Code, § 476), possession of stolen credit cards (§ 484e, subd. (2)), and grand theft of an automobile (§ 487, subd. 3). Additionally, the trial court found true allegations of six prior prison terms and ruled they constituted a total of three prior prison terms for purpose of enhancements (§ 667.5, subd. (b)). The trial court sentenced Harbolt to a total of seven years and four months in prison, selecting a base term of three years on the section 476 count and consecutive terms of eight months on each of the other two counts as well as consecutive one-year terms on each of the three-prior-prison term enhancements.

In this consolidated appeal and petition for habeas corpus, Harbolt, a jailhouse lawyer who represented himself at the trial, raises as his principal assignment of error that his decision to waive counsel at trial was not knowing and intelligent because after the information was amended he did not know the penal consequences of conviction. He also contends the prosecutor committed misconduct by intimidating a defense witness, the trial court was biased, and the trial court…

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