Lacy

ORDER

Having reviewed the papers filed in connection with this matter and being fully apprised of the relevant facts and law,

IT IS HEREBY ORDERED that Judgment shall be entered granting a conditional writ of habeas corpus, based on petitioner DURNEL LACY’S first claim that the “trial court erred by denying petitioner’s motion for self-representation, violating his California and U.S. Constitutional rights.” The court did not reach the petitioner’s other claims.

IT IS SO ORDERED.

REPORT AND RECOMMENDATION OF A UNITED STATES MAGISTRATE JUDGE

This Report and Recommendation is submitted to the Honorable J. Spencer Letts, United States District Court Judge, pursuant to the provisions of 28 U.S.C. § 636 and General Order 194 of the United States District Court for the Central District of California.

BACKGROUND

I

On May 8, 1996, in the Superior Court for the County of Los Angeles, a jury convicted petitioner Durnel Lacy, aka Dur-nell Lacy, aka Yerdell Lacy, on one count of possession of rock cocaine in violation of California Health & Safety Code (“H.S.C.”) § 11350(a) (count 1), a felony, and one count of possession of a smoking device in violation of H.S.C. § 11364 (count 2), a…