P.

P. v. Behbahani CA4/1

Good Law
Court of Appeal of CaliforniaMay 15, 2013D059705California4,061 words

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…

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