People v. Mayfield

CONREY, P. J.

The only ground of appeal presented by defendant consists of a claim that he was compelled to accept counsel not chosen by him, and was denied the right to present his own defense without counsel.

At the time of entering defendant’s plea he was represented by attorneys, who thereafter at the defendant’s request were permitted to withdraw from the case. The court then asked the public defender “in view of the defendant’s

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attitude to sit in on the case and render such assistance as the defendant is willing to accept from him.” The public defender appeared with the defendant at the trial. The defendant stated to the court that he had made arrangements with another attorney who at the time was out of the state of California, and therefore could not be present. That defendant did not entirely disclaim the assistance of the public defender at that time is indicated by the fact that the public defender stated to the court that the defendant had handed to him a list of witnesses whom he wished subpoenaed in the case. To this statement defendant took no exception. The public defender cross-examined the state’s witnesses, without any further objection from the defendant.

After the close of the case on the part of the people the defendant was sworn, and testified in answer to a series of questions propounded to him by the public defender as his counsel. At that time the defendant made no objection to this procedure. Thereafter, one George K. Home was called as a witness for defendant, apparently for the purpose of proving the good reputation of the defendant. The witness having been sworn, the defendant asked for the privilege of questioning the

witness;

the court replied, “No, you have a lawyer here. Let the lawyer ask your questions. You can advise with your lawyer.” The witness being asked whether he knew the defendant’s. reputation in the community in which he resides, for truth, honesty, and integrity, replied, “I do not.” Defendant then asked to be allowed to question the witness, and this request was denied by the court. Thereafter other witnesses were examined on behalf of the defendant by the public defender.

That the defendant was guilty of the crime charged, the record leaves no reasonable doubt; he simply stands upon the proposition that he was denied the constitutional right of representing himself at the trial without counsel. The record to which we have referred indicates that the defendant did not firmly and consistently insist upon his rights in the matter, but to some extent at least made affirmative use of the services of the public defender. Nevertheless, we take into consideration the fact that probably the defendant was not well acquainted with legal procedure and we assume, for the purposes of the argument, that the services of the attorney were forced upon him,