People v. Ansite

McCOMB, J.

From a judgment of guilty on four counts of forgery after trial before a jury, defendant appeals. There is also an appeal from the order denying his motion for a new trial.

[39]

Facts:

Defendant forged the name “B. C. Robles” on four different checks, naming Donna M. Nolan as the payee. The payee in turn cashed each of the checks with various merchants in Los Angeles County. At the time the checks were drawn by defendant on the Bank of America, Wilmington Branch, the bank did not have an account with a "B. C. Robles.”

After the information charging defendant with forgery was filed he was represented by counsel at the preliminary hearing and also at the time of arraignment. Subsequently the lawyers representing defendant were relieved and the public defender was appointed to represent him.

Thereafter defendant moved for permission to appear in propria persona which motion was granted. Defendant insisted on representing himself at the time of his trial though the court informed him the public defender was available and could aid him in the presentation of his defense.

Questions:

First:

Was defendant convicted without benefit of adequate legal counsel?

No.

A defendant has a constitutional right to appear and defend himself in person.

(People

v.

Looney,

9 Cal.App.2d 335, 338 [3] [49 P.2d 889].) Likewise defendant 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.

Chessman,

38 Cal.2d 166, 173 [238 P.2d 1001];