Brookner

Brookner v. Superior Court

Good Law
64 Cal. App. 4th 1390
Court of Appeal of CaliforniaJune 22, 1998A081708California4,391 words

Opinion

Opinion

No appearance for Real Parties in Interest.

OPINION

PETERSON, P.J.

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 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 faces 43 years to life in…

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