People v. Hayes CA2/1

BACKGROUND

We summarize only those facts and proceedings pertinent to the issues on appeal. On June 27, 2018, Hayes was in court for a hearing in a criminal case (No. BA468267) in which he was charged with battery on a custodial officer. Hayes, who was restrained in a safety chair and attended by multiple sheriff’s deputies, was represented by appointed counsel. The trial court did not allow him to represent himself because, in another case, Hayes’s pro per status had been revoked following repeated acts of misconduct including kicking a sheriff’s deputy, kicking appointed trial counsel while attempting to perform a “citizen’s arrest,” spitting on another appointed counsel, and breaking free of his safety chair. At the June 27 hearing, Hayes stated his

All future statutory references are to the Penal Code.

2 preference to represent himself and disputed the court’s power to appoint counsel. The hearing ended when Hayes stated: “So you’re violating my constitutional right to represent myself? [¶] All right, you better hope I never get out of jail because if I do I’m going to meet you in the parking lot, shove a double barrel shotgun up your ass and pull both triggers, you…