Poplawski

People v. Poplawski

Good Law
1994 Cal. App. LEXIS 561·25 Cal. App. 4th 881·30 Cal. Rptr. 2d 760·30 Cal. Rptr. 760·94 Daily Journal DAR 7768
Court of Appeal of CaliforniaJune 7, 1994H011011California4,815 words

Opinion

Opinion

Elia, J.

Defendant Alexander Poplawski appeals from a judgment of conviction entered upon the jury’s verdict finding him guilty of driving under the influence of alcohol with three previous convictions (Veh. Code, §§ 23152, subd. (a), 23175—count 1), and the misdemeanor offense of driving with a suspended or revoked license (Veh. Code, § 14601.2, subd. (a)—count 2). The jury also made a true finding on an enhancement alleging that defendant refused to submit to a chemical test. (Veh. Code, § 23159.) Defendant received a prison term of 16 months on count 1, plus a 90-day sentence on count 2, to be served concurrently with the term imposed on count 1.

The sole issue on appeal is whether the trial court abused its discretion in revoking defendant’s pro se status. For reasons stated below, we reverse.

Background

As the facts of the underlying offenses are not relevant to the issue raised on appeal, we need only summarize those facts that are relevant to the procedural posture of the case.

On November 30, 1992, defendant appeared in superior court for his arraignment on the above noted charges. Defendant entered not guilty pleas and denied the enhancements.

On January 5, 1993,…

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