People v. Owens

Opinion

KINGSLEY, Acting P. J.

In 1971, defendant was convicted of a violation of section 11501 of the Health and Safety Code. Proceedings were suspended and he was granted probation for a period of five years. On September 24, 1975, a preliminary probation hearing was held and probable cause for revocation was found. Thereafter a formal revocation hearing was held, continuing for several days. On February 9, 1976, defendant was found to be in violation and probation was revoked. On March 11, 1976, he was sentenced to state prison on the 1971 charge. He has appealed; we affirm.

Defendant does not here contend (and could not effectively have contended) that the record does not sustain the probation violation alleged against him. The chief contention here made is that the trial court permitted him to represent himself at the violation hearing without advising him of his right agaiinst self-incrimination. The contention is without merit.

The trial court conducted a long interrogation of defendant in order to become convinced that defendant “knowingly and intelligently” was foregoing the assistance of counsel. In support of his present contention — that he should expressly have been advised as to his right not to incriminate himself — he alleges that he, ignorantly, called, as his own witness a man named Austin, an alleged accomplice, whose statements to police contained one statement that had some tendency to incriminate defendant.

The right to self-representation rests on

Faretta

v.

California

(1974) 422 U.S. 806 [45 L.Ed.2d 562, 95 S.Ct. 2525]. Nothing in either the majority or the dissenting opinions in that case suggests that the warning involved herein need be given. Defendant relies on our decision in

People

v.

Kramer

(1964) 227 Cal.App.2d 199 [38 Cal.Rptr. 487]. That case is not

[723]

helpful to him. In