P. v. Mayer
Filed 6/5/06 P. v. Mayer CA1/3
Opinion following order vacating prior opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. CURT M. MAYER, Defendant and Appellant. | A109670 (San Francisco County Super. Ct. No. 182806) |
Defendant Curt Mayer appeals his conviction following a guilty plea to several counts arising from domestic violence. He challenges the trial court's denial of his request to dismiss his retained counsel. We affirm.
Background
The underlying facts of the crimes with which Mayer was charged are not relevant to his sole contention on appeal. A complaint filed on October 17, 2000, charged Mayer with stalking (Pen. Code, § 646.9, subd. (b)),[1] assault with a deadly weapon (§ 245, subd. (a)(1)), battery inflicting great bodily injury (§ 243, subd. (d)), corporal injury on a cohabitant (§ 273.5, subd. (a)), and resisting arrest (§ 148, subd. (a)). The complaint was later amended to allege two counts of assault with intent to commit mayhem, rape, sodomy or oral copulation (§ 220), an additional count of assault with a deadly weapon, and one count of violation of personal liberty by violence, menace, fraud and deceit (§ 236). An information filed on July 11, 2001, charged Mayer with one count of stalking, one count of torture (§ 206), one count of assault with intent to commit mayhem, one count of assault with a deadly weapon, one count of battery inflicting great bodily injury, one count of corporal injury on a cohabitant, one count of violation of personal liberty, and one count of resisting arrest. Various enhancement allegations were also made.
Mayer retained counsel and pled not guilty to all counts. Beginning in October 2002, Mayer's attorney made numerous motions to continue the trial. The record suggests that the trial may have been continued as many as 34 times. On May 21, 2004, Mayer changed his plea on all counts to not guilty by reason of insanity and the court ordered a psychiatric evaluation. Another arraignment, at which Mayer again pleaded not guilty by reason of insanity and at which the court ordered another psychiatric evaluation, took place on August 31, 2004. The court ordered psychiatric evaluations from a total of three doctors, none of whom supported the plea of not guilty by reason of insanity.
On September 27, 2004, the day trial ultimately was scheduled to begin, Mayer made a motion in the calendaring department to discharge his retained counsel and have the public defender's office appointed to represent him. The court denied the motion as untimely. The following day, Mayer renewed the motion before the judge assigned to preside over the trial and also asked that he be permitted to represent himself. The motion was again denied â€
