Weeks
People v. Weeks
Opinion
Opinion
Epstein, J.
Arthur Weeks appeals from his conviction on two counts of first degree burglary. (Pen. Code, § 459.) Appellant had been in propria persona, having waived his right to counsel. He argues the court violated his right to self-representation when, at a pretrial proceeding, it reappointed the public defender to represent him over appellant’s stated wish to remain in propria persona. (See Faretta v. California (1975) 422 U.S. 806 [ 45 L.Ed.2d 562 , 95 S.Ct. 2525 ] (Faretta).) We agree that Faretta error occurred, but that reversal of the ensuing conviction is not required since, before trial, appellant appeared with retained counsel who represented him at trial, and neither he nor counsel revisited the Faretta issue once his retained counsel was substituted in as his attorney.
FACTUAL AND PROCEDURAL SUMMARY
The only issue presented on appeal is a claim of Faretta error, so we present only a brief summary of the facts concerning the underlying charge. In doing so, we review the record in the light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 319 [ 61 L.Ed.2d 560 , 99 S.Ct. 2781 ]; People v. Johnson (1980) 26 Cal.3d 557, 578 [ 162 Cal.Rptr. 431 ,…