People v. White

McCOMB, J.

From a judgment of guilty after trial before a jury of (1) burglary of the first degree, (2) attempted robbery, and (3) assault with a deadly weapon, defendant appeals.

Facts:

On February 23, 1952, defendant entered a ladies ready-to-wear apparel store owned by Mr. Cohen at about 8:35 a. m., and confronted Mr. Cohen, pointing a gun at him and saying, “Give me your money.” When Mr. Cohen stated that he had no money and he had just come into the store to clean it, defendant reiterated his demand and upon the second denial by Mr. Cohen that he had any funds, defendant hit him over the head with the butt of a gun. Four more blows were rendered in the same manner and after a struggle Mr. Cohen succeeded in getting out of the door and calling for help whereupon defendant left the store. At about 11 a. m. the same day defendant was arrested.

At the time of trial defendant represented himself without the aid of counsel.

Questions:

First:

Was defendant deprived of Ms constitutional right to have the assistance of counsel for his defense as provided by the 14th Amendment to the Constitution of the United States and article I, section 13 of the Constitution of the State of California?

No.

At the time of trial after an extended colloquy between the trial judge and defendant as to whether the public defender should represent defendant, acting purely in an advisory capacity, or defendant should represent himself, defendant said, “Your Honor, I appreciate your admonition. I still, however, would like to represent myself.”

A defendant has a constitutional right to appear and defend himself in person. He is entitled to waive the assistance of counsel and where he does so, as in the instant case, of his own volition and with full knowledge of what he is doing, he cannot complain that he has not had a proper defense at the time of his trial.

(People

v.

Ansite,

110 Cal.App.2d 38, 39 [1],

ff.

[241 P.2d 1036].) In the present

[831]