People v. Gayle CA3

FACTS AND PROCEEDINGS

The underlying facts are not relevant to the issues raised on appeal. It suffices to say that defendant headbutted his sister on her forehead, threatened her with a knife, and stabbed her in the palm of her hand. On June 29, 2020, at his arraignment (Brody, Comm’r.), defendant pleaded not guilty, and a public defender was appointed to represent him. Defendant appeared before the same commissioner with another appointed attorney on July 6 and declared his intention to represent himself under Faretta. Neither of the two attorneys who represented defendant on June 29 or July 6 declared a doubt about defendant’s competence or indicated that he was unable to help prepare his defense. At the July 6 hearing, defendant first asserted he was angry that his appointed attorney did not come see him and stated: “I would like to go pro per.” His attorney told him that he was making a bad decision, and defendant responded, “[t]hat’s my decision, sir.” Counsel then told him that counsel would visit before the next court date and admonished him to not discuss his case in court, to which he replied that he did not want counsel’s help. The court then attempted to continue the…