People v. Harmon CA1/4

I.

INTRODUCTION

Approximately one month prior to the scheduled date for his burglary trial, defendant Marcus Deshawn Harmon (appellant) asked to represent himself at trial pursuant to Faretta v. California (1975) 422 U.S. 806 (Faretta). During the hearing on his request, appellant acknowledged his request arose because he wanted additional time for his family to raise the money to retain private counsel to represent him instead of proceeding to trial with his court-appointed attorney. The trial court concluded appellant’s self-representation request was equivocal and denied appellant’s Faretta motion on that basis. We affirm.

II.

FACTUAL BACKGROUND

Appellant was charged with one count of first degree burglary (Pen. Code, § 459) with the enhancement of a person being in the residence (Pen. Code, § 667.5,

1 subd. (c)(21)).1 It was also alleged that appellant had suffered two prior felonies (Pen. Code, § 667.5, subd. (c)), one prior strike felony (Pen. Code, §§ 1170.12, subd. (a), 667, subd. (c)), and seven prison priors (Pen. Code, § 667.5, subd. (b)). On February 5, 2014, a jury found appellant guilty as charged. On February 10, 2014, after a court trial, all seven felony…