People v. Beachem

BROWN (Gerald), J.

Defendant appeals from a judgment entered upon a jury verdict finding him guilty of violating Penal Code section 245, subdivision (b) (assault with a deadly weapon upon a peace officer). Two prior felony convictions were admitted. At defendant’s request, upon advising the court that he was presently serving time in prison and was not eligible for probation, sentence was immediately pronounced committing him to state prison for the term prescribed by law, the term to run consecutively to any other term he was currently serving.

The action arose from an occurrence in the San Diego County Jail where defendant was incarcerated. On the night of January 5, 1963, defendant was requested to return to his cell, and when he refused, he was told by a peace officer that if he did not return voluntarily it would be necessary to forcibly place him in the cell. Defendant stated, “If you come in here, somebody’s going to get hurt.” When two peace officers took steps to put defendant back in his cell, he resisted, swinging a broomstick handle with his left hand and using a razor blade in the right. One of the officers bled profusely from wounds apparently caused by the razor blade.

Defendant had an attorney until the time of trial. On that day he relieved his attorney, explaining to the court that he had had dealings with attorneys in three prior eases, that his present attorney had attempted to settle the case with the district attorney by a plea of guilty, which would run his time in prison consecutively to any other sentence he was serving and that this “didn’t make any sense” to him. Defendant’s present appointed counsel concedes in his brief

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that up to the time of trial the first attorney ‘ ‘ did. do all that was required of a defendant’s attorney,...”

Before the trial began the court spoke to defendant about the advisability of having an attorney, observing that the minute sheet in the file, when the case was called before the presiding judge, stated that counsel had been relieved at defendant’s request, and that defendant “requested that the trial proceed on this date without counsel.” The court then attempted to persuade defendant to have an attorney. The court pointed out the seriousness of the charge, that defendant was being charged with assault with a deadly weapon upon the person of a peace officer, with two prior felony offenses which defendant admitted; that the two prior offenses made the charge more serious, although it was a very serious charge in the first place; that technical problems might arise “where you really need an attorney present to represent you properly and to look after your interests. ’ ’