Robinson

In this retrial for crimes committed in 1980, a jury convicted appellant of first degree murder (Pen. Code, § 187; count I) (statutory references, unless otherwise noted, are to the Penal Code), mayhem (§ 203; count II), assault with chemicals (§244; count III), and conspiracy (§ 182; count IV).

Appellant contends the trial court (1) abused its discretion in refusing to appoint William Genego as his attorney, (2) erred by refusing to allow Shauna Weeks to act as appellant’s advisory counsel, (3) erred in telling appellant if he chose to represent himself he could not reassert his right to counsel, (4) erred in allowing the prosecutor to question appellant about statements obtained in violation of Miranda, and (5) erred in answering the jury’s question about a great bodily injury allegation.

We find all but appellant’s last contention without merit and affirm the judgment.

Factual and Procedural Background

There being no insufficiency of evidence claim, the facts may be stated simply. Our perspective favors the judgment. (People v. Barnes (1986) 42 Cal.3d 284, 303-304 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ].)

In 1980 Patricia Worrell was in her last year of law school…

Defendant did not “open the door” to admission of his illegally obtained statements to the police by denying on direct examination he had “confessed” to the crime or by asserting he had told the police what had happened.

In Robinson v. Borg (9th Cir. 1990) 918 F.2d 1387 the Ninth Circuit held Robinson’s custodial statements to the police were obtained in violation of his Miranda rights and must be suppressed. The issue before us is whether those statements became properly “unsuppressed” because Ricardo H. Robinson mentioned them in his direct testimony at the retrial.

*284 Briefly, this is how this issue arose: In a nonresponsive answer to a question asked on cross-examination, Kim Bricker, a prosecution witness, blurted out: “[The police] played me a tape of you confessing.” (Italics added.) Robinson immediately objected. The trial court agreed the answer was nonresponsive, ordered the answer stricken and told the jury to disregard it. Robinson did not move for a mistrial. The court at this point warned Robinson about “opening the door” to things he might not want to come out because he might “be stuck with the response.” Later, in his own direct testimony Robinson told the…

In this retrial for crimes committed in 1980, a jury convicted appellant of first degree murder (Pen. Code, § 187; count I) (statutory references, unless otherwise noted, are to the Penal Code), mayhem (§ 203; count II), assault with chemicals (§ 244; count III), and conspiracy (§ 182; count IV).

Appellant contends the trial court (1) abused its discretion in refusing to appoint William Genego as his attorney, (2) erred by refusing to allow Shauna Weeks to act as appellant's advisory counsel, (3) erred in telling appellant if he chose to represent himself he could not reassert his right to counsel, (4) erred in allowing the prosecutor to question appellant about statements obtained in violation of Miranda, and (5) erred in answering the jury's question about a great bodily injury allegation.

We find all but appellant's last contention without merit and affirm the judgment.

There being no insufficiency of evidence claim, the facts may be stated simply. Our perspective favors the judgment. ( People v. Barnes (1986) 42 Cal.3d 284, 303-304 [ 228 Cal. Rptr. 228 , 721 P.2d 110 ].)

In 1980 Patricia Worrell was in her last year of law school and, with her…