People v. Weir CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

As the only issue on appeal is a claim of Faretta error, we omit a discussion of the

facts underlying the charges in the three cases involved in Weir's negotiated guilty plea,

and instead focus on the facts and procedures relevant to his Faretta claim.

Weir was determined to be incompetent to stand trial in case No. SCD241752,

criminal proceedings were suspended, and Weir was ordered to receive treatment and

antipsychotic medication at a state hospital.3 On July 26, 2013, he was found mentally

competent to stand trial.

Weir pled guilty to possession of a controlled substance in case No. SCD241752 (Health & Saf. Code, § 11350, subd. (a)); to false personation of another in case No. SCD241929 (Pen. Code, § 529, subd. (a)(3)); and to unauthorized use of personal identifying information in case No. SCD242246 (Pen. Code, § 530.5, subd. (a)).

Weir obtained a certificate of probable cause and may assert Faretta error on appeal after his guilty plea. (People v. Robinson (1997) 56 Cal.App.4th 363, 370.)

This judgment was reversed in May 2013.

2 On August 6, 2013, before the preliminary hearings were held in…