Proctor

Defendant and appellant Donald Lernard Proctor appeals from a judgment after a jury trial in which he was convicted of conspiracy to defraud another of property by theft (Pen. Code, § 182, subd. (a)(4)), a felony. He contends the confidence scheme for which he was convicted, the so-called “Jamaican Switch,” should have been charged under the special statute criminalizing confidence games, Penal Code section 332, a misdemeanor under the facts of this case, rather than the more general felony conspiracy statute. He also contends the trial court coerced him into abandoning his in propria persona status. In the published portion of this opinion, we conclude the confidence scheme engaged in by defendant is not a fraudulent game proscribed by Penal Code section 332. In the unpublished portion of this opinion, we conclude defendant voluntarily agreed to the revocation of his in propria persona status. Accordingly, we affirm.

Procedural Background

Defendant was charged by information with conspiracy to defraud another of property by theft in violation of Penal Code section 182, subdivision (a)(4) and attempted grand theft in violation of Penal Code sections 664 and 487,…