P.
P. v. Behbahani CA4/1
Opinion
Opinion
FACTS
On October 8, 2009, Detective Jethro Hudgins of the San Diego Police
Department, with a team of police officers and investigators, went to a residence in the
Scripps Ranch area of San Diego to conduct a welfare check. Behbahani came out of the
house, and after a brief discussion, he invited Hudgins and others into the house.
Detective Hudgins asked Behbahani if there were guns in the house. Behbahani said
there were four guns present. Behbahani showed Detective Hudgins the guns, including
a rifle in a zippered case, which Behbahani referred to as an AK-47, along with two
2 loaded magazines. Behbahani produced a receipt for the rifle, which was actually a
Norinco MAK-90, a semiautomatic rifle.
DISCUSSON
I
Validity of Behbahani's Waiver of Right to Counsel
A
Behbahani contends the trial court committed reversible error by granting his
Faretta motion without first conducting a Marsden hearing to give him a meaningful
opportunity to specifically explain why he was dissatisfied with his appointed counsel,
and determining whether he would rather have new appointed counsel than self-
representation. We find the contention unconvincing.
" 'A defendant in…