Barlow

People v. Barlow

Good Law
103 Cal. App. 3d 351·163 Cal. Rptr. 664·1980 Cal. App. LEXIS 1581
Court of Appeal of CaliforniaMarch 14, 1980Crim. 10568California7,105 words

Opinion

Opinion

McDANIEL, J.

In this case we are called upon to decide if the defendant was deprived of his constitutional rights when he was allowed to plead guilty without the assistance of counsel, the crux of that issue being whether defendant’s waiver of his right to counsel occurred in keeping with acceptable constitutional standards where the trial court, in so many words, did not expressly warn the defendant of.the dangers and disadvantages of self-representation.

By information filed July 22, 1976, defendant was charged with felony drunk driving. (Veh. Code, § 23101, subd. (a).) The record reflects that defendant drove his automobile across the center line and collided with an oncoming motorist. That motorist suffered a crushed kneecap which required its surgical removal. The record further reflects that defendant had a blood alcohol level of .22 at the time this grievous injury was inflicted.

Although we have no transcript of the preliminary hearing from which defendant was bound over for trial, the record otherwise indicates that defendant was represented by counsel at that preliminary hearing. However, when he appeared for arraignment on July 22, 1976, he was not represented by counsel.…

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