Perkins

People v. Perkins

Good Law
1970 Cal. App. LEXIS 2194·7 Cal. App. 3d 593·86 Cal. Rptr. 585
Court of Appeal of CaliforniaMay 14, 1970Crim. 7902California2,447 words

Opinion

Opinion

Brown, J.

This is an appeal from a judgment of conviction after trial by jury for violation of Penal Code section 496 (receiving stolen property). The jury acquitted appellant of a second charge of violating Penal Code-section 459 (burglary). Appellant admitted that he had two prior felony convictions.

Appellant represented himself at the trial, and the court acceded to his request to discharge the public defender as his legal counsel.

The first contention is that the trial court did not adequately interview appellant before allowing him to waive his right to counsel and in permitting him to defend his case in propria persona.

It is well settled that before a waiver of counsel may be accepted from a defendant the trial court “is duty bound to determine his competency to represent himself.” (People v. Carter, 66 Cal.2d 666, 672 [ 58 Cal.Rptr. 614 , 427 P.2d 214 ].) While the court need not find that the defendant possesses “either the acumen or the learning of a skilled lawyer” (People v. Linden, 52 Cal.2d 1, 18 [ 338 P.2d 397 ], cert. den. 361 U.S. 867 [ 4 L.Ed.2d 106 , 80 S.Ct. 127 ]), it should make inquiry to determine that a defendant understands the nature of the charge,…

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.