Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Corbin, B277948 (Cal. App. 2018):

criminal act against a criminal defendant 'when offered to prove his or her conduct on a specified occasion.' Subdivision (b) of the statute, however, provides that such evidence is admissible 'when relevant to prove some fact (such as motive, opportunity, intent, preparation, plan, knowledge. . .).' . . . [T]o be admissible, such evidence '"'must not contravene other policies limiting admission, such as those contained in . . . section 352.'"'"4 (People v. Cole (2004) 33 Cal.4th 1158, 1194 (Cole).)

Our inquiry into appellant's contentions also implicates the principles applicable to a defendant acting in propria persona. Generally, such a defendant is held to the same standards of knowledge of law and procedure as an attorney. (People v. Clark (1990) 50 Cal.3d 583, 625.) Thus,

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a self-representing defendant, like an attorney, is subject to the forfeiture doctrine. (Id. at p. 618.)

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