Moon

The difficulties of dealing with the self-represented criminal defendant are myriad and well documented. Trying to provide a fair hearing to a typically obstinate and legally unschooled pro per is one of the most daunting tasks a criminal courts judge ever faces. With the possible exception of “Fire!” no word is less welcome in a criminal trial court than Faretta.

That, combined with the our Supreme Court’s adjuration to draw every reasonable inference against an interpretation of a defendant’s statements that might incorrectly suggest a desire for self-representation, will sometimes cause a court to err by denying to a defendant his right to go forward without counsel. We find that to be the case here. We further hold that denial entitled petitioner to relief under Penal Code section 995, and, when that relief was denied, writ relief in this court.

Petitioner Mark Moon was charged in a felony complaint with resisting arrest, aggravated assault on an officer, evading an officer while driving recklessly, driving with a suspended license, and driving under the influence with two prior convictions for that offense. (§§ 148, subd. (a)(1), 245.3; Veh. Code, §§ 2800.2,…