Flores

People v. Flores

Good Law
246 Cal. Rptr. 3d 77·34 Cal. App. 5th 270
Court of Appeal of CaliforniaApril 12, 2019D073215California5,311 words

Opinion

Lead Opinion

Dato, J.

*272 It is a fact of human nature that people can be their own worst enemies. But in McCoy v. Louisiana (2018) --- U.S. ----, 138 S.Ct. 1500 , 200 L.Ed.2d 821 ( McCoy ), the United States Supreme Court held *79 that fundamental principles of personal autonomy inherent in the Sixth Amendment afford criminal defendants the right to tell their own story and define the fundamental purpose of their defense at trial, even if most other accused persons in similar circumstances would pursue a different objective and accordingly adopt a different approach. In this case, during his trial for the attempted murder of a police officer, defendant Roberto Ignacio Flores repeatedly objected to his counsel's decision to admit Flores was driving the car that seriously injured the officer. In his professional judgment, counsel elected to concede the act of driving and instead assert that Flores never formed the premeditated intent to kill necessary for first degree murder. Similarly at a subsequent trial on weapons possession charges, Flores objected when his counsel decided to concede that Flores possessed certain *273 firearms, instead arguing that the possession was not "knowing" because Flores…

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