Boulware

Appellant, Ruben Odell Boulware, appeals his conviction by jury verdict of three counts of second degree robbery (Pen. Code, § 211; all further code citations are to the Penal Code unless otherwise indicated) together with a five-year enhancement for a prior serious felony conviction (robbery) and a one-year enhancement for a prior prison term for possession of a controlled substance (Health & Saf. Code, § 11350) and burglary (§ 459).

Factual Summary

Since the only issue raised on this appeal (other than in appellant’s pro se supplemental brief) is a claim that appellant was denied his Sixth Amendment right to counsel at the felony preliminary hearing, a detailed discussion of the evidence at trial is not necessary.

Appellant was charged with three counts of robbery. On June 25, 1992, a public defender was appointed to represent appellant. The public defender represented defendant at arraignment, but on July 2, 1992, appellant’s motion for in propria persona status was granted. (No challenge is made to the correctness of this ruling.) The preliminary hearing was held on July 8, 1992, the ninth day of the ten-day statutory period within which the preliminary hearing was…