People v. Davis CA6

Filed 3/27/15 P. v. Davis CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039660 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS092573)

v.

BRIAN DAVIS,

Defendant and Appellant.

Defendant Brian Davis appeals from a conviction for battery by a prisoner on a non-confined person (Pen. Code, § 4501.5). On appeal, defendant contends that the trial court committed reversible error when it terminated his self-representation. As set forth below, we will affirm. PROCEDURAL BACKGROUND1 On November 19, 2009, the Monterey County District Attorney filed a complaint charging defendant with battery by a prisoner on a non-confined person (Pen. Code, § 4501.5). The complaint alleged that defendant had a prior strike conviction (Pen. Code, § 1170.12, subd. (c)(1)).

1 The facts pertaining to defendant’s crime are not relevant to the issue presented on appeal. We therefore will not summarize those facts.

Defendant was arraigned on December 10, 2009. At the arraignment hearing, defendant initially requested appointment of counsel. Later in the hearing, however, he requested to represent himself. The trial court noted that defendant would receive a Faretta2 waiver form at his next court date, and it set the preliminary hearing calendar call and preliminary hearing for December 18, 2009. On December 18, 2009, defendant withdrew his self-representation request, and he informed the trial court that he wished to proceed with appointed counsel. The trial court continued the case to February 3, 2010 for preliminary hearing calendar call and February 5, 2010 for preliminary hearing. On February 3, 2010, defendant again requested to represent himself. The trial court provided defendant a Faretta waiver form, vacated the preliminary hearing set for February 5, 2010, and continued the case to February 10, 2010 for the Faretta hearing. At the Faretta hearing on February 10, 2010, the trial court granted defendant’s self- representation request, and it continued the case to February 24, 2010 for preliminary hearing calendar call and February 26, 2010 for preliminary hearing. The trial court advised defendant, “Matter’s set for preliminary hearing on February 26. Preliminary hearing calendar call on February 24th.” On February 24, 2010, defendant failed to appear in court for the preliminary hearing calendar call. Defendant, who was in custody at Salinas Valley State Prison, had refused to be transported to court. The trial court issued an extraction order that authorized correctional officers to extract defendant from his cell if he again refused to appear for a court hearing. On February 26, 2010, defendant appeared in court. The trial court asked him why he had refused to come to court on February 24, 2010. Defendant responded, “I didn’t refuse to come to court.” The correctional officer responsible for transportation