Clemons

Appellant Donald Clemons was sentenced to eight years in prison for custodial possession of a manufactured weapon (Pen. Code, § 4502, subd. (a)), with one prior strike conviction and two prior convictions under Penal Code section 667.5, subdivision (b). He contends: (1) At several points in the proceedings, there were inadequate inquiries about his desire to substitute counsel under People v. Marsden (1970) 2 Cal.3d 118 [ 84 Cal.Rptr. 156 , 465 P.2d 44 ] (Marsden). (2) He received ineffective assistance from his trial counsel. (3) The jury was inadequately instructed at the hearing on his prior convictions.

We requested and received supplemental briefing on whether the trial court committed reversible error when it failed to allow appellant to enter a plea of not guilty by reason of insanity (NGI), when appellant unequivocally expressed his desire to do so, even though his counsel was opposed to entry of that plea. We answer that question in the affirmative, and therefore reverse.

FACTS

On July 9, 2003, while in custody on another case, appellant met with his counsel in a locked attorney-inmate interview room at the courthouse. He was separated from counsel by wire…