P. v. Alvarez CA3
Defendant Blackie Florencio Alvarez appeals from a judgment entered after his no contest plea to carrying a concealed dirk or dagger and admission to a probation violation based upon the same conduct. The trial court issued a certificate of probable cause for defendant’s challenge to the revocation of his pro. per. status preceding these pleas.
Defendant argues the trial court violated his Sixth and Fourteenth Amendment rights to represent himself under Faretta v. California (1975) 422 U.S. 806 [45 L.Ed.2d 562] when it revoked his pro. per. status without adequate reasons. He also requests the court correct the probation order to conform to the trial judge’s oral pronouncement striking a $63.50 fee.
Because we find the trial court erred in revoking defendant’s right to represent himself resulting in an automatic reversal under People v. Butler (2009) 47 Cal.4th 814 (Butler), we do not reach the fee issue.
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