People v. Jones-Bey CA2/8

DISCUSSION

A. Denial of Defendant’s Request for “Advisory Counsel” Was Not Error

Defendant contends he was denied due process and the right to effective assistance of counsel as a result of the trial court’s denial of his motion seeking advisory counsel. He argues that the trial court’s comments at the hearing demonstrate that it erroneously believed it lacked authority to appoint advisory counsel and its denial was therefore an abuse of discretion. We disagree. Criminal defendants who represent themselves at trial have no constitutional right to advisory counsel. In fact, this is one of the warnings that must be given a defendant considering self-representation. (See People v. Weber (2013) 217 Cal.App.4th 1041, 1057-1058 [defendants seeking to represent themselves should be warned, among other things, that they have no right to advisory counsel]; People v. Phillips (2006) 135 Cal.App.4th 422, 428 [same].) Although defendants have no right to advisory counsel, trial courts have authority to appoint advisory counsel to a self-represented criminal defendant. (People v. Bigelow (1984) 37 Cal.3d 731, 742.) In Bigelow, the court found it was an abuse of discretion to deny…