California, United States of America
The following excerpt is from People v. Miracle, 240 Cal.Rptr.3d 381, 430 P.3d 847, 6 Cal.5th 318 (Cal. 2018):
standby capacity do not represent the defendant ...." ( People v. Lightsey (2012) 54 Cal.4th 668, 692, 143 Cal.Rptr.3d 589, 279 P.3d 1072 ; see ibid. [interpreting the phrase "represented by counsel" in section 1368 to exclude advisory counsel].) And there is no such thing as a right to advisory counsel. (See People v. Moore (2011) 51 Cal.4th 1104, 11191120, 127 Cal.Rptr.3d 2, 253 P.3d 1153 ["[A] defendant has no right, under either the federal or state Constitution, to hybrid representation. Criminal defendants have the constitutional right to have an attorney represent them, and the right under the federal Constitution to represent themselves, but
[430 P.3d 878]
these rights are mutually exclusive." (fn. omitted) ].)
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