California, United States of America
The following excerpt is from People v. Jenkins, 22 Cal.4th 900, 95 Cal.Rptr.2d 377, 997 P.2d 1044 (Cal. 2000):
In the present case, in ruling on defendant's midtrial motion to represent himself, the court correctly noted that it had authority to deny the motion if self-representation required a continuance, and in advising the defendant of the perils of self-representation, it asked defendant whether he understood, among other things, that he would receive "no extra time for preparation." Defendant indicated he understood. In addition, when defendant secured permission to proceed pro se, the court already had denied counsel's request for a continuance for further investigation and preparation for the penalty phase of the trial. Defendant was no more entitled to a continuance when he became his own counsel than he was entitled to a continuance at former counsel's request. This was especially true when, as in the present case, defendant "had been afforded research facilities for many months, so that he had a full opportunity to prepare independently for trial even while he was represented by counsel." (People v. Clark, supra, 3 Cal.4th at pp. 110-111, 10 Cal. Rptr.2d 554, 833 P.2d 561.) Indeed, defendant not only had access to research facilities, but asserted that he had known all along that if there were a penalty phase of the trial, he would conduct it, and that he had contacted his witnesses and was ready to proceed.
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