People v. Johnson

[3]

Opinion

SHOEMAKER, P. J.

This is an appeal by defendant Joe Willie Johnson from a judgment convicting him of rape and burglary. His sole contention on appeal is that he had a constitutional right to represent himself at the preliminary hearing and that the denial of this right requires a reversal of the judgment of conviction. The case is one of first impression.

Defendant’s preliminary examination was held in the municipal court on February 4, 1969. At the inception of the hearing, defendant advised the court that he did not desire the services of the public defender and wished to act as his own counsel. He stated that he had made three requests to be allowed to represent himself and that they had been denied. He further stated that he knew that he could send himself to the penitentiary through his own ignorance but that he was willing to accept that responsibility and to insist upon his constitutional right of self-representation. The court summarily denied defendant’s request and made no attempt to question defendant in order to determine his qualifications to act as his own counsel. Defendant was represented by the public defender at the preliminary hearing, and, at the conclusion of said hearing, was held to answer in the superior court to the charges of rape, robbery and burglary.

On February 19, 1969, defendant was charged by information with rape, robbery and burglary, and with having sustained 13 prior felony convictions.

On March 11, 1969, defendant filed a declaration and motion to proceed in propria persona. On the same day, he also filed a motion to set aside the information, under Penal Code, section 995, alleging that he had been denied the right to represent himself at the preliminary hearing.

The trial court granted defendant’s motion to proceed in propria persona, and denied his motion for dismissal.

Defendant was arraigned on March 19,1969, and stood mute when asked to plead to the information. The court entered a plea of not guilty to the three offenses charged and a denial of the 13 prior convictions.

On April 22, 1969, the case came on for trial. Defendant admitted the first seven prior convictions charged in the information but denied the validity of the remaining six. Thereupon, the prosecutor moved the striking out of the said six priors and the motion was granted.