P. v. Harvey
Filed 6/14/06 P. v. Harvey CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION FIVE
| THE PEOPLE, Plaintiff and Respondent, v. KENNETH HARVEY, Defendant and Appellant. | B186650 (Los Angeles County Super. Ct. No. NA066386) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Arthur Jean, Jr., Judge. Affirmed.
Phillip I. Bronson, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Jaime L. Fuster and Lance E. Winters, Deputy Attorneys General, for Plaintiff and Respondent.
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A confidential police informant made a controlled purchase of a usable quantity of rock cocaine from defendant and appellant Kenneth Harvey and defendant's associate on July 5, 2005. Convicted by jury of sale of a controlled substance in violation of Health and Safety Code section 11352, subdivision (a),[1] defendant contends the trial court's denial of his request to represent himself and for a continuance on the day of trial violated due process. We reject defendant's argument and affirm the judgment.
DISCUSSION
In Faretta v. California (1975) 422 U.S. 806, 835-836 (Faretta), the United States Supreme Court recognized that a defendant has a federal constitutional right to self-representation. The right is unconditional if invoked â€
