Bolton

I.

INTRODUCTION

Defendant Exodus Bolton appeals from his conviction and sentence after a jury trial. The charges against Bolton arose out of two separate incidents during which Bolton became involved in physical altercations with passengers on San Diego trolleys. Bolton was convicted of one count of assault with a deadly weapon, one count of mayhem, two counts of battery, and one count of resisting an officer.

On appeal, Bolton contends that the trial court erred in permitting him to represent himself at trial because, he asserts, he did not make a voluntary, knowing and intelligent waiver of his right to counsel. According to Bolton, because he was “forced to choose between his right to a speedy trial and his right to be represented by competent counsel,” his decision to represent himself was not voluntary, knowing and intelligent. Bolton also contends that the trial court abused its discretion when it declined to strike one or more of his three prior prison conviction enhancements.

We conclude that the trial court erred in relieving Bolton’s attorney just a few days prior to trial, based on the attorney’s assertion that a conflict of interest existed. As a result of…