217 Cal. App. 4th 1041
Cal. Ct. App.2013Background
- Defendant Weber was convicted of unlawful possession of a firearm and ammunition; acquitted of threats and restraining-order violation.
- Defendant had a prior domestic-violence conviction prohibiting firearm possession for 10 years.
- A live round was found in defendant’s pocket; a revolver recovered at his home was described as a replica by experts.
- Defendant sought to represent himself (Faretta), interrupting proceedings with frivolous objections; the court conducted a Faretta inquiry.
- Competency evaluations found him malingering but capable of waiving counsel; Judge Vlavianos found him competent to represent himself.
- At sentencing, defendant challenged not having counsel; the court imposed the upper term for firearm possession and midterm for ammunition, with concurrent terms; defendant’s presentence custody credits were reviewed under Brown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Faretta waiver competency standard | Weber’s conduct showed lack of competence to waive counsel. | Waiver was voluntary and knowing; Edwards/Taylor permit higher scrutiny. | Waiver deemed knowing and voluntary; competent to waive per Godinez/Taylor. |
| Adequacy of Faretta admonishments | Record shows some missing standard admonitions. | Record incomplete but sufficient to show understanding of risks. | Record supports knowing and voluntary waiver despite incomplete admonitions. |
| Counsel at sentencing | Robinson v. Ignacio and Ngaue require counsel if requested. | No unequivocal request for counsel; trial proceeded with self-representation. | No abuse; sentencing proceeded without counsel due to equivocal request. |
| Upper-term sentencing based on prior facts | Court may rely on aggravating factors; some facts not found by jury. | Reliance on unproved facts/ lack of remorse improper after Cunningham. | Valid upper term; substantial factors supported by record; one adequate aggravator suffices. |
Key Cases Cited
- Faretta v. United States, 422 U.S. 806 (U.S. 1975) (right to counsel and self-representation)
- Godinez v. Moran, 509 U.S. 389 (U.S. 1993) (competency to waive counsel linked to competency to stand trial)
- Indiana v. Edwards, 554 U.S. 164 (U.S. 2008) (gray-area competency for self-representation)
- People v. Taylor, 47 Cal.4th 850 (Cal. 2009) (Edwards does not compel dual standard of competency in self-representation)
- People v. Nauton, 29 Cal.App.4th 976 (Cal. Ct. App. 1994) (dignity of proceedings; Faretta considerations)
- People v. Burgener, 46 Cal.4th 231 (Cal. 2009) (admonishments; knowing and intelligent waiver; no strict form required)
- People v. Sullivan, 151 Cal.App.4th 524 (Cal. Ct. App. 2007) (record can show knowing waiver even without exact warnings)
- People v. Blair, 36 Cal.4th 686 (Cal. 2005) (Faretta waiver advisements; reliance on records)