Sohrab

People v. Sohrab

Caution
1997 Cal. App. LEXIS 930·59 Cal. App. 4th 89·68 Cal. Rptr. 2d 749·97 Daily Journal DAR 14067·97 Cal. Daily Op. Serv. 8694
Court of Appeal of CaliforniaNovember 13, 1997A072648California5,455 words

Opinion

Opinion

Parrilli, J.

In this case we hold that under existing authority, a trial court must advise a defendant of his right to counsel at his arraignment in municipal court and at his subsequent arraignment in superior court, even where the same judge presides over both proceedings as part of a consolidated court. Moreover, we hold that where the prosecutor charges a defendant with a felony complaint in the municipal court, the defendant’s waiver of his right to counsel in the municipal court does not waive his right to counsel in the superior court. This is so even where the same judge presides over the proceedings in municipal and superior court as part of a consolidated felony panel.

I

Introduction

The district attorney charged appellant Hooshang Sohrab by complaint with multiple counts of lewd and lascivious conduct with a child under the age of 14 (Pen. Code, § 288, subd. (a)). Just before his preliminary hearing, appellant waived his right to have counsel represent him. (Faretta v. California (1975) 422 U.S. 806 [ 95 S.Ct. 2525 , 45 L.Ed.2d 562 ] (Faretta).) Following the preliminary hearing—at which appellant represented himself —the court held him to answer on 18 separate counts of…

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