Phillips

People v. Phillips

Good Law
135 Cal. App. 4th 422·2006 Cal. App. LEXIS 1·2006 Daily Journal DAR 117·37 Cal. Rptr. 3d 539·2006 Cal. Daily Op. Serv. 83
Court of Appeal of CaliforniaJanuary 3, 2006C048887California2,483 words

Opinion

Opinion

Hull, J.

A jury convicted defendant Jake J. Phillips of first degree burglary (Pen. Code, §§ 459, 460, subd. (a)—count one; further undesignated section references are to the Penal Code), two counts of first degree robbery (§§ 211, 212.5, subd. (a)—counts two & four), carjacking (§ 215—count three), vehicle taking (Veh. Code, § 10851, subd. (a)—count five), receiving stolen property (§ 496, subd. (a)—count six), and false imprisonment (§ 236—count seven). The jury found that defendant personally used a knife in the commission of counts one through four and seven. (§ 12022, subd (b)(1).) He was sentenced to state prison for an aggregate unstayed term of 11 years 8 months.

On appeal, defendant contends the trial court erred by denying his Faretta motion. (Faretta v. California (1975) 422 U.S. 806 [ 45 L.Ed.2d 562 , 95 S.Ct. 2525 ].) We affirm the judgment.

Facts

Given the single issue defendant raises on appeal, we need only recount the facts relating to defendant’s Faretta motion.

At the outset of proceedings on November 8, 2004, more than a month before trial, defendant’s trial counsel asked the court to hear defendant’s Marsden motion. (People v. Marsden (1970) 2 Cal.3d 118 […

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