Ruffin

People v. Ruffin

Good Law
12 Cal. App. 5th 536·2017 Cal. App. LEXIS 516·218 Cal. Rptr. 3d 875·2017 WL 2438826
Court of Appeal of CaliforniaJune 6, 2017B270940California6,676 words

Opinion

Lead Opinion

Willhite, J.

*539 By information, appellant Elijah Joe Ruffin was charged with corporal injury to a cohabitant (Pen. Code, § 273.5, subd. (a) ) 1 and assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)), based on a single alleged assault on Katisha E. It was also alleged that he had suffered two prior strike convictions (§§ 667, subd. (d), 1170.12, subd. (b)) and had served two prior prison terms (§ 667.5, subd. (b)).

In the master calendar court, on the date set for trial, appellant exercised his right to represent himself under Faretta v. California (1975) 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 , after the court indicated it would find good cause to continue the trial because appellant's appointed counsel was engaged in another trial. Before the court granted the Faretta request, appellant initialed and signed a written Faretta advisement form. Thereafter, appellant represented himself at trial before a different judge, and a jury convicted him of both counts. The trial court found the strike and prior prison term allegations true, struck one strike at sentencing, and sentenced appellant to total term of eight years in state prison.

On appeal,…

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