Culton

Robert Culton appeals from a judgment of imprisonment which was rendered after jury trials had resulted in* verdicts finding him guilty of assault with force likely to produce great bodily injury (Pen. Code, § 245, subd.(a)), rape (Pen. Code, § 261, subd. 3) and second degree robbery (Pen. Code, § 211).

Appellant visited at night the apartment of the victim, a pregnant young woman whose “old man” appellant knew was in jail. After some general conversation appellant suggested that he be substituted in the status of “old man.” The victim refused, whereupon appellant slapped her and began to push her against the bed. The victim tried to get away but appellant kicked her several times and then raped her. Appellant took $40 from the victim’s purse and departed.

The victim suffered bruises, abrasions, and a deep laceration which required suturing. The treating physician believed that the victim’s nose had been broken.

When appellant was arrested he said that the victim had given him $40 to get a lawyer for her old man. He claimed that the victim had voluntarily had intercourse with him, and denied injuring the victim. At trial he gave a different version of events,…

I respectfully dissent.

Appellant was allowed to make a 36-word motion which set forth his view:

As happened in People v. Marsden (1970) 2 Cal.3d 118 [ 84 Cal.Rptr. 156 , 465 P.2d 44 ], the trial judge viewed the motion as a complaint relating to the quality of defense counsel’s courtroom defense. The problem is that the defendant’s complaints (i.e., “being inadequately defended . . . not getting a proper defense”) are susceptible not only of the interpretation that what was going on in the presence of the judge amounted to an inadequate defense but that there were matters outside the knowledge of the trial court that gave rise to this motion. In that regard, the reasoning of the Supreme Court in Marsden (at pp. 123-124) more than suggests that there is a duty of inquiry: “A trial judge is unable to intelligently deal with a defendant’s request for substitution of attorneys unless he is cognizant of the grounds which prompted the request. The defendant may have knowledge of conduct and events relevant to the diligence and competence of his attorney which are not apparent to the trial judge from observations within the four corners of the courtroom. Indeed, ‘when inadequate…

Robert Culton appeals from a judgment of imprisonment which was rendered after jury trials had resulted in verdicts finding him guilty of assault with force likely to produce great bodily injury (Pen. Code, § 245, subd.(a)), rape (Pen. Code, § 261, subd. 3) and second degree robbery (Pen. Code, § 211).

Appellant visited at night the apartment of the victim, a pregnant young woman whose "old man" appellant knew was in jail. After some general conversation appellant suggested that he be substituted in the status of "old man." The victim refused, whereupon appellant slapped her and began to push her against the bed. The victim tried to get away but appellant kicked her several times and then raped her. Appellant took $40 from the victim's purse and departed.

The victim suffered bruises, abrasions, and a deep laceration which required suturing. The treating physician believed that the victim's nose had been broken.

When appellant was arrested he said that the victim had given him $40 to get a lawyer for her old man. He claimed that the victim had voluntarily had intercourse with him, and denied injuring the victim. At trial he gave a different version of…