P. v. Surrell CA3
After numerous prior attorneys for defendant were replaced, Alvon Shoner Surrell made a motion under Faretta v. California (1975) 422 U.S. 806 (Faretta) to represent himself. On the first day of trial, defendant asked the trial court to reappoint counsel. The trial court denied the request. Defendant represented himself at trial and the jury found him guilty of four robberies (Pen. Code, § 211), and found true a firearm enhancement as to each robbery (§ 12022.53, subd. (b)). On appeal, defendant contends the trial court abused its discretion by denying his untimely request for reappointment of counsel. In an unpublished opinion, we affirmed the judgment. (People v. Surrell (Dec. 9, 2021, C090151) [nonpub. opn.].)
Our Supreme Court granted review and transferred the matter back to us with directions to vacate our decision and reconsider the cause in light of section 1170 as amended by Assembly Bill No. 124 (Stats. 2021, ch. 695) and Senate Bill No. 567 (Stats. 2021, ch. 731).
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