Owens

People v. Owens

Good Law
136 Cal. Rptr. 215·1977 Cal. App. LEXIS 1168·66 Cal. App. 3d 720
Court of Appeal of CaliforniaFebruary 1, 1977Crim. 28778California892 words

Opinion

Opinion

Kingsley, J.

In 1971, defendant was convicted of a violation of section 11501 of the Health and Safety Code. Proceedings were suspended and he was granted probation for a period of five years. On September 24, 1975, a preliminary probation hearing was held and probable cause for revocation was found. Thereafter a formal revocation hearing was held, continuing for several days. On February 9, 1976, defendant was found to be in violation and probation was revoked. On March 11, 1976, he was sentenced to state prison on the 1971 charge. He has appealed; we affirm.

Defendant does not here contend (and could not effectively have contended) that the record does not sustain the probation violation alleged against him. The chief contention here made is that the trial court permitted him to represent himself at the violation hearing without advising him of his right agaiinst self-incrimination. The contention is without merit.

The trial court conducted a long interrogation of defendant in order to become convinced that defendant “knowingly and intelligently” was foregoing the assistance of counsel. In support of his present contention — that he should expressly have been advised as to his…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.