Black v. Calif. Appellate Project CA2/4
A jury found defendant Robert Black, Jr., guilty of a first degree burglary committed in October 2006. Defendant was sentenced to state prison for a total term of 38 years to life. (Black I, supra, 2008 WL 3919175 at p. *1.) Defendant appealed his conviction, arguing that the magistrate violated his constitutional rights by refusing to let him testify at the preliminary hearing without first waiving his right to counsel.
Through respondent California Appellate Project (CAP), this Court appointed attorney Catherine White to represent defendant on appeal. One of several arguments that White advanced on defendant’s behalf, was that the court erred in refusing to permit defendant to testify at his preliminary hearing without first waiving the right to counsel.
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