Herrera

Defendant Sergio Cota Herrera appeals his conviction of assault with a deadly weapon (Pen. Code, § 245, subd. (a)).

In an information filed by the district attorney’s office of the County of Imperial, Herrera was charged with a one-count information charging assault with a deadly weapon (Pen. Code, § 245, subd. (a)). A verdict of guilty was returned by the jury and dated April 16, 1979.

Defendant’s Contention on Appeal

(1) The trial court improperly denied Herrera his right of self-representation;

(2) The trial court improperly excluded relevant cross-examination;

(3) The trial court improperly sentenced Herrera without specifying reasons for the upper term;

(4) Herrera is entitled to additional good-time/work-time credits for pretrial custody.

Factual Summary

Herrera’s first appearance before the trial courts, significant to the question raised by Herrera’s first contention occurred on March 26, 1979. On that date, Herrera, through his counsel, moved to continue his case in order to obtain funds to hire a private attorney. The motion judge continued the matter until April 17 for trial (with some confusion on the record as to whether the date would be Apr. 17 or…