Alexander Avila v. Ernest Roe

The State of California appeals a judgment granting a writ of habeas corpus to remedy a Faretta violation. For the reasons that follow, we reverse and remand.

BACKGROUND

In June 1993, appellee Alexander Avila was indicted on two counts of child molestation. Several weeks prior to trial, Avila moved to substitute his appointed counsel pursuant to People v. Marsden, 2 Cal.3d 118 , 84 Cal.Rptr. 156 , 465 P.2d 44 (1970), on the ground that counsel was dilatory in pursuing Avila’s case. After conducting a Marsden hearing, the Superior Court denied Avila’s motion.

On the day of trial, but prior to jury selection, defense counsel offered to stipu late that the prosecution need not show that Avila’s intent was “lewd and lascivious.” The court asked counsel to consult with his client, and counsel reported that Avila did not consent to the stipulation. Defense counsel nevertheless asked the court to accept the stipulation, thereby prompting Avila to exclaim: “I object, your Honor.”

The court informed Avila that he must make his objections through his lawyer. After rejecting the proposed stipulation, the court further admonished Avila: “I want to indicate to you, sir, that…