James

People v. James

Good Law
136 Cal. Rptr. 3d 85·2011 Cal. App. LEXIS 1632·202 Cal. App. 4th 323
Court of Appeal of CaliforniaDecember 22, 2011No. A128865California5,736 words

Opinion

Lead Opinion

Bruiniers, J.

Appellant Masala Majid James was charged with commission of a second degree robbery (Pen. Code, § 211) 1 and elected to represent himself during pretrial proceedings. James contends that he was compelled to waive his right to represent himself at trial because he was refused direct access to a law library while in custody and was provided insufficient access to legal research materials, in violation of his federal constitutional rights. Represented by counsel reappointed at his request, James was convicted and sentenced to 18 years in prison. We affirm.

I. Background

James was charged, by information, with one count of second degree robbery (§ 211). The information also alleged that James had 14 prior convictions, seven of which were prior serious felony convictions (§ 667, subd. (a)(1)), and also constituted “strikes” (§§ 667, subd. (e)(2), 1170.12, subd. (c)(2)). The information further alleged that James had served three prior prison terms (§ 667.5, subd. (b)).

Before the case went to trial, the trial court (Hon. Robert Kurtz) noted there was no suggestion that James had displayed a weapon during the robbery and indicated its willingness to strike all but one of…

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