P. v. Onley CA2/3
This is defendant Michael Onley’s second appeal after he was convicted by a jury of the first degree murder of Andrew Todd Cherry and sentenced to life in prison without the possibility of parole. (See People v. Diaz (Apr. 15, 2016, B258629) [nonpub. opn.] (Diaz).) In the first appeal, we concluded substantial evidence supported Onley’s murder conviction, but we reversed his judgment because the trial court abused its discretion in denying his motion to represent himself at the sentencing hearing under Faretta v. California (1975) 422 U.S. 806 (Faretta). We remanded the matter for the limited purpose of providing Onley a new hearing on his Faretta motion. We also directed the court to strike Onley’s parole revocation restitution fine.
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