Hammons

—Defendants were convicted of having stolen jewelry in a store burglary. On appeal, Darby contends that the trial court erred in admitting into evidence burglary loot seized from the car he was driving when the police caught them. Both defendants contend that the trial court erred in admitting into evidence a recording of a conversation between them while in custody awaiting arraignment, and in enhancing their sentences on account of a loss to the victim of over $100,000. Hammons additionally contends that the trial court erred in using the standard jury instruction on possession of recently stolen property as evidence of guilt and that the trial court deprived him of his federal constitutional right to represent himself.

Facts

$104,913.29 worth of jewelry was taken from the Best Store in Pleasant Hill in a burglary on the night of August 24-25, 1988. The glass had been broken out of one of the store’s entrance doors and the glass in 10 of the jewelry display cases had been smashed. At 4.T8 a.m. on August 26, 1988, police stopped a car speeding south on United States Highway 101, about 450 miles away. Anthony T. Darby was the driver. William Yuvine Hammons was a…