Brookner

Petitioner Marvin Brookner, as Solano County Public Defender, represented real party Bruce Alan Robinson until Robinson successfully moved to represent himself under Faretta v. California (1975) 422 *1392 U.S. 806 [ 95 S.Ct. 2525 , 45 L.Ed.2d 562 ] (Faretta). After granting the Faretta motion, and over petitioner’s objection, respondent superior court appointed petitioner advisory and standby counsel to his former client. Petitioner moved to be relieved of the advisory/standby counsel appointment. The superior court denied the motion. Petitioner seeks writ review of the denial, arguing, inter alia, that by statute a public defender cannot be appointed advisory or standby counsel. We stayed proceedings and solicited opposition from Robinson and the People, neither of whom chose to file opposition. We deny the petition.

I. Procedural Background and Facts

By information filed in October 1996, Robinson is charged with one count of second degree robbery and nine priors. He is being prosecuted under the career criminals statutes (Pen. Code, § 999b et seq.), as well as the three strikes law. According to the petition, he faces 43 years to life in prison.

Mr. Robinson has had…

I concur in part II.A. of the majority opinion. I entirely agree that experience and logic dictate a reexamination of the notion of appointing “advisory” and “standby” counsel in Faretta cases (Faretta v. California (1975) 422 U.S. 806 [ 95 S.Ct. 2525 , 45 L.Ed.2d 562 ]). However, I part company from my colleagues when they follow the Ligda decision (Ligda v. Superior Court (1970) 5 Cal.App.3d 811 [ 85 Cal.Rptr. 744 ]) over Littlefield v. Superior Court (1993) 18 Cal.App.4th 856 [ 22 Cal.Rptr.2d 659 ], which I consider more persuasive. I do not believe the appointment of a public defender as advisory or standby counsel is authorized by Government Code section 27706. 1 I therefore respectfully dissent from part II.B. of the majority opinion.

In my view, Littlefield correctly interpreted section 27706. In that case the Los Angeles Public Defender, over objection, was appointed standby counsel for a former client granted self-representation. The Littlefield majority held that a standby counsel appointment was beyond the scope of the statutory authority of the public defender. “The office of the county public defender is authorized to provide representation only in those classes of…

No appearance by Respondent.

No appearance by Real Parties in Interest.

PETERSON, Presiding Justice.

Petitioner Marvin Brookner, as Solano County Public Defender, represented real party Bruce Alan Robinson until Robinson successfully moved to represent himself under Faretta v. California (1975) 4221 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 ( Faretta ). After granting the Faretta motion, and over petitioner's objection, respondent superior court appointed petitioner advisory and standby counsel to his former client. Petitioner moved to be relieved of the advisory/standby counsel appointment. The superior court denied the motion. Petitioner seeks writ review of the denial, arguing, inter alia, that by statute a public defender cannot be appointed advisory or standby counsel. We stayed proceedings and solicited opposition from Robinson and the People, neither of whom chose to file opposition. We deny the petition.

By information filed in October 1996, Robinson is charged with one count of second degree robbery and nine priors. He is being prosecuted under the career criminals statutes (Pen.Code, § 999b et seq.), as well as the three strikes law. According to the petition, he…