P. v. Turner
Defendant successfully brought a Faretta motion and represented himself at trial, after which he was found guilty by a jury of one count of dissuading a witness in violation of Penal Code section 136.1, subdivision (a)(2). The court sentenced defendant to the upper term of three years in state prison, plus one year to be served consecutively for a prior prison term found true by the jury.
On appeal, defendant contends the trial court erred by (1) allowing defendant to represent himself; (2) not conducting, sua sponte, a hearing to determine defendant's competency to stand trial; (3) allowing defendant to continue representing himself in light of information that he suffered from mental illness; and (4) imposing the upper term in violation of both Blakely and the prohibition against dual use of facts. Court affirm.
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