Faxel

People v. Faxel

Good Law
154 Cal. Rptr. 132·1979 Cal. App. LEXIS 1576·91 Cal. App. 3d 327
Court of Appeal of CaliforniaMarch 30, 1979Crim. 33423California1,021 words

Opinion

Opinion

Thompson, J.

This appeal from a conviction of robbery presents an issue apparently novel to the law of California. Involving a juxtaposition of the principles underlying Faretta v. California (1975) 422 U.S. 806 [ 45 L.Ed.2d 562 , 95 S.Ct. 2525 ] and the constitutional right to effective representation, the matter at bench concerns the self-represented defendant’s right to state financed services ancillary to representation. In particular, this appeal raises the question of the nature of the showing that must be made by a self-represented defendant to require the appointment by the trial court of a state compensated investigator or runner to aid his preparation.

We conclude that the self-represented defendant must make a showing at least equal to that which must be made by counsel seeking the same right for his indigent client. Hence, the appointment of an investigator or runner at state expense is not required absent the defendant’s indication of something more than a desire for the assistance; the defendant must indicate the general manner in which the investigator will assist the preparation of his defense.

Donald Edward Faxel was charged with robbery. He waived the appointment…

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