People v. McCartney CA1/4

I.

INTRODUCTION

Appellant Damien McCartney was convicted by a jury of two counts of kidnapping for the purpose of committing rape, oral copulation, and/or sexual penetration (Pen. Code, § 209, subd. (b)(1))1; two counts of rape by force, violence, or threat of bodily injury (§ 261, subd. (a)(2)); penetration by a foreign object (§ 289, subd. (a)(1)); and forcible oral copulation (§ 288a, subd. (c)(2)). Various weapon and sentencing enhancements were also found true, including that he used a deadly weapon in the commission of the offenses (§ 12022.3, subd. (a)), and that he kidnapped the victim and substantially increased the risk of harm inherent in the underlying rape offenses (§ 667.61, subdivision (d)(2)). McCartney was given a total state prison term of 118 years to life.

1 All statutory references are to the Penal Code.

1 On appeal, McCartney contends: (1) the court erred in denying his motion to discharge appointed counsel so that he could represent himself under Faretta v. California (1975) 422 U.S. 806 (Faretta); (2) the court abused its discretion in denying his request to continue the trial so that his counsel could conduct additional pretrial investigation; (3) he…