People v. Johnson

Defendants in criminal cases have a federal constitutional right to represent themselves. (Faretta v. California (1975) 422 U.S. 806 [ 45 L.Ed.2d 562 , 95 S.Ct. 2525 ] (Faretta).) In Indiana v. Edwards (2008) 554 U.S. 164 [ 171 L.Ed.2d 345 , 128 S.Ct. 2379 ] (Edwards), however, the United States Supreme Court held that states may, but need not, deny self-representation to defendants who, although competent to stand trial, lack the mental health or capacity to represent themselves at trial—persons the court referred to as “gray-area defendants.” (Id. at p. 174.) We must decide whether California courts may accept this invitation and apply a higher standard of mental competence for self-representation than for competency to stand trial.

Because California law—which, of course, is subject to the United States Constitution—has long been that criminal defendants have no right of self-representation, we conclude that California courts may deny self-representation when the United States Constitution permits such denial. We also conclude the trial court acted within its discretion in revoking defendant’s self-representation status.

I. Facts and Procedural History

These facts…