Carlisle

People v. Carlisle

Good Law
103 Cal. Rptr. 2d 919·2001 Cal. App. LEXIS 97·2001 Daily Journal DAR 1537·86 Cal. App. 4th 1382·2001 Cal. Daily Op. Serv. 1193
Court of Appeal of CaliforniaFebruary 8, 2001B137310California3,599 words

Opinion

Opinion

Turner, J.

I. Introduction

Defendant, Kenneth Wayne Carlisle, appeals from his convictions for second degree robbery (Pen. Code, § 211), misdemeanor assault on a peace officer (§ 241, subd. (b)), and felony evading. (Veh. Code, § 2800.2, subd. (a).) He was also found to have: personally used a firearm in the commission of the robbery (§ 12022.53, subd. (b)); previously been" convicted of two serious felonies (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)); and served a prior prison term. (§ 667.5, subd. (a).) Defendant argues that the trial court improperly: denied his right to represent himself; admitted evidence of a prior felony conviction; and imposed a five-year enhancement for his prior prison term. The Attorney General argues that the trial court improperly granted presentence conduct credits pursuant to section 4019. We conclude Judge Michael S. Luros improperly denied defendant’s repeated self-representation requests and reverse the judgment under the compulsion of Faretta v. California (1975) 422 U.S. 806, 835 [ 95 S.Ct. 2525, 2541 , 45 L.Ed.2d 562 ],

II. Factual Background

We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443…

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