People v. Gabarrete CA1/4

Background Defendant was charged by an information with one count of battery by gassing upon a peace officer and employee while confined in a state prison. (Pen. Code, § 4501.1, subd. (a).)1 The information also alleged that defendant had four prior strike convictions. (§§ 1170.12, 667, subds. (b)–(i).)

A second count of battery on a non-confined person by a prisoner (§ 4501.5) was alleged but dismissed prior to trial.

1 At his arraignment, defendant asked for the “form” to represent himself at trial. The court provided a “Farretta[2] form” for him to complete and indicated the matter would be revisited at his pretrial conference. At the pretrial conference, defendant reiterated his request to represent himself. Defendant, who had a Spanish translator available, stated, “I’m going to do my best in English . . . . [¶] I respect the court and I know there’s a lot of disagreement with my lawyer. I think he is not competent for representing me. He not even further for motion to dismiss the case for whatever the reason, the job, they are supposed to do that. And I want to replace, represent myself. But the only problem is I don’t know how to read English, but I can speak not…