Scott

Scott v. Superior Court

Good Law
1989 Cal. App. LEXIS 752·212 Cal. App. 3d 505·260 Cal. Rptr. 608
Court of Appeal of CaliforniaJuly 24, 1989No. A044249California2,689 words

Opinion

Lead Opinion

Racanelli, J.

By information filed in the San Mateo County Superior Court, petitioner Cleveland Scott is charged with murder (Pen. Code, § 187) 1 with a special circumstance allegation under section 190.2, subdivision (a)(2) (prior murder) and with sentence enhancements and special allegations pursuant to sections 12022, subdivision (b) (use of a weapon), 190.05, subdivision (a) (prior murder for purposes of a second degree murder conviction), 190.25, subdivision (a) (murder of a transportation worker), 1203.075 (ineligibility for probation), 667 and 667.5, subdivision (b) (prior felony convictions and prison terms). Petitioner has been proceeding below without counsel (Faretta v. California (1975) 422 U.S. 806 [ 45 L.Ed.2d 562 , 95 S.Ct. 2525 ]) but has the assistance of a court-appointed advisory attorney (People v. Mattson (1959) 51 Cal.2d 111 [ 336 P.2d 937 ]). He seeks extraordinary relief to compel respondent superior court to grant his motion, filed October 11, 1988, for appointed assistant counsel (hereafter Keenan counsel). (Keenan v. Superior Court (1982) 31 Cal.3d 424 [ 180 Cal.Rptr. 489 , 640 P.2d 108 ].)

On December 14, 1988, we summarily denied Scott’s petition. On…

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