Robinson

In this case we consider whether the denial of defendant’s motion to represent himself under Faretta v. California (1975) 422 U.S. 806 [ 95 S.Ct. 2525 , 45 L.Ed.2d 562 ], is reviewable on appeal after a plea of no contest. We hold that it is.

Defendant entered pleas of no contest to charges of possession of methamphetamine for sale (Health & Saf. Code, § 11378), perjury (Pen. Code, § 118), vehicular manslaughter (Pen. Code, § 192, subd. (c)(3)), and assault with a firearm (Pen. Code, § 245, subd. (a)(2)). Defendant also admitted various enhancements (Pen. Code, §§ 12022, subd. (c), 12022.1, subd. (b); Health & Saf. Code, § 11370.2, subd. (a)) and the trial court sentenced him to an aggregate unstayed prison term of 14 years.

On appeal, defendant contends the trial court erred in denying his Faretta motion for self-representation and in denying his motion to withdraw his plea. Defendant’s first contention has merit and is dispositive of his appeal. We shall therefore reverse the judgment.

Factual and Procedural Background

The underlying facts surrounding defendant’s offenses are irrelevant to the issues raised on appeal. We instead focus our attention on the…

The majority opinion holds that a defendant (1) who is represented by counsel whose competence is not questioned, (2) in the course of such representation knowingly and intelligently decides to plead guilty, and (3) whose claim of Faretta error does not involve the circumstances surrounding the plea itself, may nevertheless succeed in reversing his conviction by alleging erroneous denial of his pretrial Faretta motion at a time when he was contesting rather than admitting his guilt. (Faretta v. California (1975) 422 U.S. 806 [ 95 S.Ct. 2525 , 45 L.Ed.2d 562 ].) I disagree.

*374 The starting point is Penal Code section 1237.5, subdivision (a), which limits an appeal by a defendant who pleads guilty or nolo contendere to “reasonable constitutional, jurisdictional, or other grounds going to the legality of the proceedings.” As Justice Sparks explained in People v. Turner (1985) 171 Cal.App.3d 116, 125-126 [ 214 Cal.Rptr. 572 ]: “[A] guilty plea constitutes an admission of every element of the offense charged and constitutes a conclusive admission of guilt. [Citation.] It waives a trial and obviates the need for the prosecution to come forward with any evidence. [Citations.] A guilty…

In this case we consider whether the denial of defendant's motion to represent himself under Faretta v. California (1975) 422 U.S. 806 [ 95 S.Ct. 2525 , 45 L.Ed.2d 562 ], is reviewable on appeal after a plea of no contest. We hold that it is.

Defendant entered pleas of no contest to charges of possession of methamphetamine for sale (Health & Saf. Code, § 11378), perjury (Pen. Code, § 118), vehicular manslaughter (Pen. Code, § 192, subd. (c)(3)), and assault with a firearm (Pen. Code, § 245, subd. (a)(2)). Defendant also admitted various enhancements (Pen. Code, §§ 12022, subd. (c), 12022.1, subd. (b); Health & Saf. Code, § 11370.2, subd. (a)) and the trial court sentenced him to an aggregate unstayed prison term of 14 years.

On appeal, defendant contends the trial court erred in denying his Faretta motion for self-representation and in denying his motion to withdraw his plea. Defendant's first contention has merit and is dispositive of his appeal. We shall therefore reverse the judgment.

The underlying facts surrounding defendant's offenses are irrelevant to the issues raised on appeal. We instead focus our attention on the proceedings involving defendant's…