Does defendant have a sincere desire to participate in his defense at the guilt phase of trial?

California, United States of America


The following excerpt is from People v. Stansbury, 17 Cal.Rptr.2d 174, 4 Cal.4th 1017, 846 P.2d 756 (Cal. 1993):

[4 Cal.4th 1044] The record supports the conclusion that defendant lacked a sincere desire not to participate in his defense at the guilt phase of trial. As in People v. Clark, supra, 3 Cal.4th at page 114, 10 Cal.Rptr.2d 554, 833 P.2d 561, defendant had eagerly sought to defend himself and had a particular defense strategy in mind when he became disgruntled with some of the court's rulings and with his assistant counsel's attitude. He admitted that he would be kidding himself to think he had any chance of prevailing at trial if he put on no defense; rather, he sought to interject error into the trial so that the conviction would be reversed on appeal. At the very least, he was operating under the misapprehension that he was sure to prevail on appeal. Both the court and defendant's assistant counsel expressed the opinion that defendant was simply playing for time.

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