People v. Superior Court (George)

Good Law
1994 Cal. App. LEXIS 342·24 Cal. App. 4th 350·29 Cal. Rptr. 2d 305·94 Daily Journal DAR 5352·94 Cal. Daily Op. Serv. 2796
Court of Appeal of CaliforniaApril 21, 1994D019982California1,552 words

Opinion

Opinion

Work, J.

The People petition for a writ of mandate after the court denied Johnaton Sampson George’s (George) motion to represent himself in this capital case. The People contend the court based its denial on the impermissible grounds George is a security risk and seeks self-representation only to acquire privileges in jail. Under Faretta v. California (1975) 422 U.S. 806 [ 45 L.Ed.2d 562 , 95 S.Ct. 2525 ], a defendant must be allowed to proceed pro se upon a timely motion and a voluntary and intelligent waiver of his or her right to counsel. We conclude the court exceeded its jurisdiction by relying on unauthorized grounds to deny George his right of self-representation. Accordingly we grant the petition and vacate the stay issued on December 3, 1993.

Factual and Procedural Background

George is charged with nine felonies, including murder committed while perfecting an escape from lawful custody and battery upon a peace officer. The People seek the punishment of death.

On August 9,1993, George filed a motion in propria persona to relieve his two appointed attorneys, Elizabeth A. Barranco (Barranco) and Robert F. Bourne (Bourne), and to represent himself. At that time, trial was…

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