P. v. JOHN
Filed 4/6/06; pub. & mod. order 4/28/06 (see end of opn.)
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. JOHN WILLOUGHBY FRASER, Defendant and Appellant. | H028312 (Santa Clara County Super. Ct. No. 190444) |
Continued from Part I……..
B. Denial of Faretta Motion
Defendant contends that the trial court committed reversible error when it denied his motion for self-representation under Faretta, supra, 422 U.S. 806. For several reasons, we are not persuaded that a constitutional right to self-representation exists in a civil commitment proceeding under the SVPA, under either the rationale of Faretta or the Due Process Clause (U.S. Const., 14th Amend.)
1. The Faretta Right to Self-Representation
In Faretta, the Supreme Court ruled that the defendant in a criminal prosecution â€