P. v. Brown

Filed 3/20/06 P. v. Brown CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

Appeal from a judgment of the Superior Court of Orange County, Francisco P. Briseno, Judge. Affirmed.

Stephen M. Lathrop, under appointment by the Court of Appeal for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Pamela A. Ratner Sobeck and David Delgado-Rucci, Deputy Attorneys General for Plaintiff and Respondent.

Defendant Dexter Burnell Brown challenges his conviction on multiple counts of second degree robbery. He contends the court erred by denying his request to represent himself, declining to hold a competency hearing, and determining that he would be shackled during trial. We reject all of his contentions, and affirm.

FACTS

Defendant was arrested and charged with seven counts of second degree robbery of seven store clerks during a crime spree spanning 17 days in the summer of 2003. (Pen. Code, § 211.)[1]

Sometime after defendant's arrest, the court declared a doubt as to his competence to stand trial. The court suspended the case and transferred defendant to Patton State Hospital (Hospital). In October 2003, the Hospital reported defendant's competence had been restored, and the proceedings against him resumed. The Hospital also determined defendant suffered from serious medical problems and required dialysis. In March 2004, the Hospital notified the court that defendant had refused dialysis and was â€