People v. Hughes

California Court of Appeal Jan 15, 1969 No. Crim. No. 6464Published

Before: Elkington

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Holding. The court held that a trial court is not required to make an affirmative inquiry into potential conflicts of interest when appointing the same counsel for co-defendants absent an objection or evidence of actual conflict. Furthermore, the court affirmed that the standard jury instructions on reasonable doubt are sufficient and that separate punishments for assault and oral copulation were proper where the offenses were not incident to a single objective.

Issues

Whether the trial court has a duty to inquire into potential conflicts of interest when appointing the same counsel for co-defendants.
Whether the trial court's instructions on reasonable doubt met constitutional standards.
Whether consecutive sentences for assault and oral copulation violated the prohibition against multiple punishment under Penal Code section 654.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Since there was neither conflict, nor ineffective assistance of counsel because of the trial court's order, it follows that no prejudice ensued from the trial court's failure to make the fuller inquiry now contended for by Hughes.”

268 Cal.App.2d 796 (1969) THE PEOPLE, Plaintiff and Respondent,

CLARENCE HUGHES, Defendant and Appellant.

Crim. No. 6464. California Court of Appeals. First Dist., Div. One.

Jan. 15, 1969. Clarence Hughes, in pro. per., and Lawrence A. Klein, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Robert R. Granucci and Karl S. Mayer, Deputy Attorneys General, for Plaintiff and Respondent.

ELKINGTON, J.

Defendant Hughes and one Danny Dunkley were charged with several crimes involving assaults upon a fellow prisoner in a jail cell. Hughes appeals from a judgment of conviction on all charges.

At their preliminary examination attorney Wilmont Sweeney was appointed by the magistrate to represent both defendants. Upon their later arraignment in the superior court the following proceedings took place:

"Mr. Sweeney: If the Court please with reference to Mr. Dunkley. I was appointed by the court below to represent them and I don't know whether this is a continued appointment or not. There were lower court proceedings."

"The Court: That is not true of Mr. Hughes?"

"Mr. Sweeney: No, not of Mr. Hughes."

"The Court: Mr. Dunkley, you have no attorney here, is that correct?"

"Defendant Dunkley: No."

"The Court: Do you have an attorney of your own?"

"Defendant Dunkley: No, I don't."

"The Court: Do you have any money or property to pay for a lawyer?"

"Defendant Dunkley: Not at the present time, no."

"The Court: Are you working?"

"Defendant Dunkley: No. [798]"

People v. Hughes

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ELKINGTON, J.

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