Nauton

People v. Nauton

Good Law
1994 Cal. App. LEXIS 1087·29 Cal. App. 2d 976·29 Cal. App. 4th 976·34 Cal. Rptr. 2d 861·94 Daily Journal DAR 15208
Court of Appeal of CaliforniaOctober 27, 1994C017084California1,827 words

Opinion

Opinion

Puglia, J.

A jury convicted defendant of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(2)), grossly negligent discharge of a firearm (Pen. Code, § 246.3) and possession of a firearm by a convicted felon (Pen. Code, § 12021, subd. (a)). The jury found defendant personally used a firearm (Pen. Code, § 12022.5, subd. (a)), inflicted great bodily injury (Pen. Code, § 12022.7) in committing the assault, suffered a serious felony conviction (Pen. Code, § 667, subd. (a)) and served a prior prison term (Pen. Code, § 667.5). The court sentenced defendant to prison for 14 years and 8 months.

Defendant appeals, contending the trial court erred in refusing his request to represent himself. (Faretta v. California (1975) 422 U.S. 806 [ 45 L.Ed.2d 562 , 95 S.Ct. 2525 ].) We agree and shall reverse.

During pretrial proceedings defendant, who was represented by the public defender, informed the court he wished to represent himself. After extensive questioning by the court into defendant’s background and understanding of the potential consequences of self-representation, the court continued the case to the following afternoon to give defendant time to reconsider his request.

The…

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