People v. Faxel

Opinion

THOMPSON, J.

This appeal from a conviction of robbery presents an issue apparently novel to the law of California. Involving a juxtaposition of the principles underlying

Faretta

v.

California

(1975) 422 U.S. 806 [45 L.Ed.2d 562, 95 S.Ct. 2525] and the constitutional right to effective representation, the matter at bench concerns the self-represented defendant’s right to state financed services ancillary to representation. In particular, this appeal raises the question of the nature of the showing that must be made by a self-represented defendant to require the appointment by the trial court of a state compensated investigator or runner to aid his preparation.

We conclude that the self-represented defendant must make a showing at least equal to that which must be made by counsel seeking the same right for his indigent client. Hence, the appointment of an investigator or runner at state expense is not required absent the defendant’s indication of something more than a desire for the assistance; the defendant must indicate the general manner in which the investigator will assist the preparation of his defense.

[330]

Donald Edward Faxel was charged with robbery. He waived the appointment of counsel and elected to represent himself. On three occasions, he sought the appointment of an investigator or runner to aid his preparation for trial. On one occasion he sought a continuance to enable witnesses to be contacted. Faxel points to no showing in support of his motions other than a statement that he needed an investigator or runner.

At a jury trial, evidence overwhelmingly established Faxel’s guilt of the crime charged. The evidence included his confession and his conduct in leading the police to the spot where the victim’s purse had been hidden after the robbery. In this appeal, Faxel focuses exclusively upon a claim of error of constitutional dimension in denial of his motions for the appointment of an investigator and runner to aid his preparation.

We start with the proposition that while