People v. Clayton CA2/6

Good Law
Court of Appeal of CaliforniaJuly 17, 2014B248951California1,214 words

Opinion

Opinion

Yegan, J.

Facts and Procedural History On the night of April 25, 2012, Sam Ku was dispatched to repair an ATM machine outside a Rite Aid. Francisco Medrano, an armed security guard, provided protection while the repairs were made. Appellant approached and asked for spare change. Medrano told appellant to step away and raised his arm to fend appellant off. Appellant punched Medrano, knocking him out. Medrano hit his head and was hospitalized for a head laceration, three broken ribs, and a cut lip. Before trial, appellant brought a Marsden motion (People v. Marsden (1970) 2 Cal.3d 118) to replace his court appointed attorney which was denied. Appellant argued that if he could not get another attorney, he would represent himself. The trial court noted that appellant had an extensive history of convictions and asked, "Have you represented yourself in the past?" Appellant said that he had. The trial court responded: "It doesn't sound like it's been very successful in terms of beating any cases." The following exchange occurred: "The Court: And so you're going to be able address all of that from a legal point of view in terms of the evidence that would be coming before a jury?…

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