Trujillo

People v. Trujillo

Good Law
154 Cal. App. 3d 1041
Court of Appeal of CaliforniaApril 25, 1984Crim. No. 43311California4,507 words

Opinion

Lead Opinion

Gates, J.

Defendant appeals from the judgment entered following a jury trial that resulted in his conviction upon two counts of felonious assault (Pen. Code, § 245) during one of which he had intentionally inflicted great bodily injury within the meaning of Penal Code section 12022.7. He was also found to have served two prior and separate terms of imprisonment. (Pen. Code, § 667.5, sub. (b).) He contends: “I. Because the trial court’s admonition regarding the dangers of self-representation were inadequate, appellant did not knowingly and intelligently waive his right to counsel. II. Appellant’s request for counsel on the day trial was to begin was not untimely. [III.] It was prejudicial error to shackle and gag appellant during a portion of the trial and then fail to instruct that the restraints had no bearing on appellant’s guilt. [IV.] Appellant’s motion for a new trial was improperly denied since the trial court had a sua sponte duty to bifurcate the trial on the issue of guilt and the validity of the prior convictions.”

Viewed in the light most favorable to the judgment, as required by the usual rule governing appellate review, the evidence herein established that on August…

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