People v. Davie CA2/4

INTRODUCTION

A jury convicted appellant Todd Davie of assault with force likely to produce great bodily injury, and the trial court sentenced him to 16 years in prison, which included the high term for the offense, a prior strike, and various enhancements. As described more fully below, during the proceedings against him, appellant made numerous motions for self-representation under Faretta v. California (1975) 422 U.S. 806 (Faretta motions) and substitution of counsel under People v. Marsden (1970) 2 Cal.3d 118 (Marsden motions). Judge Deborah S. Brazil initially granted appellant’s Faretta motion, but at his next hearing, appellant gave up his pro per status. Appellant later moved for self-representation again before a different judge, Judge Sam Ohta, but refused to cooperate with the court’s attempts to ensure that he was knowingly and voluntarily waiving his right to counsel. Judge Ohta therefore denied his motion. As relevant here, Judge Henry J. Hall, who also presided over appellant’s trial and sentenced him, denied appellant’s fifth Marsden motion after finding that defense counsel was not rendering ineffective assistance.

2 On appeal, appellant challenges the denial of…