P. v. Ross
Filed 3/10/06 P. v. Ross 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
| THE PEOPLE, Plaintiff and Respondent, v. NORMAN DEAN ROSS, Defendant and Appellant. | G035360 (Super. Ct. No. 03WF2569) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Richard M. King, Judge. Affirmed.
Paul R. Ward, 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, Rhonda L. Cartwright-Ladendorf, Annie Featherman Fraser and Scott C. Taylor for Plaintiff and Respondent.
Following a jury trial, defendant Norman Dean Ross was convicted of possessing both controlled substance paraphernalia and marijuana. Defendant appeals the conviction and contends the trial court erred in denying his request to represent himself. We disagree and affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
Before trial, appellant brought five motions requesting his appointed counsel be replaced. (People v. Marsden (1970) 2 Cal.3d 118.) All motions were denied; however, the public defender declared a conflict and the court appointed a new attorney to represent defendant. Defendant's trial began with jury selection on a Thursday. The following Monday, on the second day of trial and while the jury selection was still underway, defendant requested to represent himself. The trial court questioned defendant's attorney about defendant's reasons for such a request and subsequently denied the motion.
DISCUSSION
The Trial Court Acted Within the Scope of Its Authority in Denying Defendant's Request
The primary issue on appeal is whether the court abused its discretion in denying defendant's motion. The Sixth Amendment right to counsel includes an implied right to represent oneself if the defendant voluntarily and intelligently asserts the right within a reasonable time before the start of the trial. (Faretta v. California (1975) 422 U.S. 806, 819 [95 S.Ct. 2525, 45 L.Ed.2d 562].) â€
