Nicholson

Paul B. Nicholson and Michael L. Goldsberry were convicted of robbery and first degree felony murder. They appeal, contending their unequivocal and unconditional motions to represent themselves should have been granted. We agree and therefore reverse and remand for a new trial.

Facts

Valentin Montesdeoca’s partially buried body was found during the early evening hours of September 8, 1991, in a wash near the El Charro Bar in Palmdale. All of his personal effects were missing, including his Pulsar watch and Security Pacific Bank ATM card—but a key to room 18 at the Sherwood Motel in Palmdale was found underneath his body.

Defendant Goldsberry lived in room 18 of the Sherwood Motel and his friend, Defendant Nicholson, used to live at the same motel. During the early hours of September 8, two witnesses saw Goldsberry and Nicholson at the Palmdale branch of the Security Pacific Bank using an ATM machine (at two different times), and the bank’s records established four withdrawals from the victim’s account between about 6:30 and 7:30 that morning.

Later the same morning, Goldsberry and Nicholson flashed a “wad” of money to Lillian King, Goldsberry’s neighbor at the…