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P. v. JOHN ( Part II )

P. v. JOHN ( Part II )
06:14:2006

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€





Description A decision as to Sixth Amendment right to self-representation in proceedings other than criminal prosecutions.
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