Henry Lee Peters v. Bryan S. Gunn Attorney General of the State of California
Opinion
Opinion
Farris, J.
Henry Lee Peters filed a petition for habe-as relief from his conviction for conspiracy to commit murder, in violation of California Penal Code §§ 182(i) & 187. The district court granted his petition, concluding that he was unconstitutionally denied his right to self-representation. Bryan S. Gunn and other California state prison officials appeal. We have jurisdiction over the timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.
I
On June 25, 1987, Henry Peters was charged with conspiracy to commit murder in violation of California Penal Code §§ 182(i) & 187. On June 9, 1988, more than a month before trial, he informed the court that he wanted to represent himself. He told the court that he arrived at his decision because he didn’t know what was going on with his ease. He hoped that going pro per would give him an opportunity to find out and “try to help [himself] out.”
The trial court asked Peters a number of questions. Peters told the court that he knew he was charged with murder and was aware of defenses he might have in the action as well as the maximum punishment, if convicted. He told the court that he had not graduated from junior high school (thus, he had 6-9 years…