Morgan

Statement of the Case

Appellant was found guilty by a jury of violating Vehicle Code section 23102, subdivision (a) (driving under the influence of alcohol or alcohol and drugs); he was also acquitted of violating Penal Code section 12021 (possession of a concealable firearm by a person convicted of a felony). On appeal from the misdemeanor conviction, appellant contends the trial court erred by denying his motion for continuance made on the day of trial. The motion for continuance was coupled with a motion to relieve the public defender so that appellant could represent himself. Although the judge indicated he would allow appellant to proceed pro se, appellant contends there was a de facto denial of the right to self-representation, because the refusal to grant a continuance deprived him of the opportunity to prepare his defense. Appellant also contends the denial of a continuance constituted an abuse of discretion and a denial of due process. After the judge refused the continuance, appellant proceeded to trial represented by a deputy public defender. The jury found him guilty of driving under the influence and he was sentenced to 180 days in jail. This timely appeal…