Supreme Court of California

Trial court judgment sentencing defendant to death is vacated where the court erred in granting defendant's motion to represent himself, as the record is insufficient to establish that defendant's waiver of his Sixth Amendment right to the assistance of counsel was knowing and intelligent. The matter is remanded for reconsideration of defendant's request to represent himself and the automatic application for modification of the penalty death verdict.

Appellate Information

• Decided 05/07/2009
• Published 05/07/2009

Judges

• BAXTER, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Michael J. Hersek, State Public Defender, under appointment by the Supreme Court, and Harry Gruber, Deputy State Public Defender, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Annie Fraser and Lilia E. Garcia, Deputy Attorneys General, for Plaintiff and Respondent.