Dewitt Darren Johnson v. Charles Marshall Daniel E. Lungren, Attorney General of the State of California

34 F.3d 1072 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dewitt Darren JOHNSON, Petitioner-Appellee, v. Charles MARSHALL; Daniel E. Lungren, Attorney General of the State of California, Respondents-Appellants. No. 93-56342. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 29, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Charles Marshall and Daniel Lungren, Attorney General of the State of California, appeal the district court's decision to grant California state prisoner Dewitt Johnson's petition for a writ of habeas corpus. Appellants claim the district court erred by reversing the trial court's finding that Johnson was not competent to waive his right to counsel. We have jurisdiction under 28 U.S.C. Sec. 2253 , and we reverse. 3 "Criminal defendants have a constitutional right to forgo the assistance of counsel and to represent themselves instead." Savage v. Estelle, 924 F.2d 1459 (9th…