Bauer

*153 Opinion

Michael Raymond Bauer appeals from orders revoking his probation and imposing a six-year prison sentence as a result of his earlier guilty plea to a charge of lewd and lascivious conduct with a child under 14 years old. Bauer contends he was denied his right to counsel at the probation revocation and deferred sentencing hearings. We conclude the trial court erred in failing to inform Bauer of his right to counsel at these hearings and to obtain a knowing waiver of this right. We determine the error requires a reversal of the probation revocation and sentencing orders, conditioned on Bauer exercising his right to counsel on remand.

FACTUAL AND PROCEDURAL BACKGROUND

On April 24, 2009, Bauer put his hands down the pants of a seven-year-old boy and touched the boy’s penis. This incident occurred in the bathroom of a fast-food restaurant. Shortly after, Bauer was arrested and charged with one count of lewd and lascivious conduct. (Pen. Code, 1 § 288, subd. (a).)

On December 17, 2009, Bauer initialed and signed a form requesting to represent himself on the charges brought against him, and acknowledging he was aware of his right to counsel and the dangers of…