Jones

*839 Opinion

The only question on this appeal is whether it was error for the trial court to permit defendant to represent himself after the court, on an adequate record, had twice found that the defendant was unable to do so, where no further showing of the defendant’s capacity was made, and where the only apparent reason for the new and different ruling was that the defendant threatened not to cooperate with the public defender.

Defendant was charged with indecent exposure. (Pen. Code, § 314, subd. 1.) Two prior convictions for the same offense were alleged. He pleaded not guilty and denied the priors. Before the trial date, November 13, 1969, the defendant had apparently made a motion to be permitted to represent himself in department 103. No ruling on that motion was made and the case was transferred to department 26 for trial. There he renewed the motion. The basic reason he gave for wanting to represent himself was that he was dissatisfied with the services of the public defender’s office. A rather lengthy dialogue between court and defendant ensued. At one point it appeared that the reason for defendant’s motion was not so much dissatisfaction with the representation by…