People v. Fleming CA2/5

INTRODUCTION

Defendant and appellant Michael Flemming (defendant) was convicted of carrying a loaded, unregistered handgun (Pen. Code, § 25850, subd. (a)1). On appeal, defendant contends that his conviction must be reversed because the trial court erred in denying him his right to self-representation under Faretta v. California (1975) 422 U.S. 806 (Faretta). We hold that the trial court did not err because defendant’s requests to represent himself were equivocal. We affirm the judgment.

PROCEDURAL BACKGROUND2

Following a trial, the jury found defendant guilty of carrying a loaded handgun in violation of section 25850, subdivision (a), and found true an allegation that the firearm was not registered to defendant. The trial court sentenced defendant to county jail for a term of three years. The trial court awarded defendant custody credit, and ordered him to pay various fees, fines, and penalties. Defendant filed a timely notice of appeal.

DISCUSSION

A. Relevant Proceedings

1. October 28, 2013, hearing Prior to trial, on October 28, 2013, the trial court held a hearing on defendant’s request to replace his counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118

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