In what circumstances will a defendant be denied the right to plead in propria persona?

Although there is no merit to any of defendant's contentions hereinabove discussed, there is, in view of this court's decision in People v. Anderson, 6 Cal.3d 628, 100 Cal.Rptr. 152, 493 P.2d 880, merit to his further contention that the death penalty violates our state constitutional provision against cruel or unusual punishment. Accordingly, the judgment is modified to provide for life imprisonment and, as so modified, is affirmed.

McCOMB, Justice (concurring and dissenting).

I concur in the majority opinion, except that, for the reasons expressed in my dissenting opinion in People v. Anderson, 6 Cal.3d 628, 657, 100 Cal.Rptr. 152, 493 P.2d 880, I dissent from the modification of the judgment.

1 As pointed out above, there is ample support in the record for the exercise of the trial court's discretion in denying defendant the right to proceed in propria persona. It should be noted, incidentally, that this court in People v. Sharp, 7 Cal.3d 448, 455, 103 Cal.Rptr. 233, 499 P.2d 489, and People v. Siegenthaler, 7 Cal.3d 465, 471, 103 Cal.Rptr. 243, 499 P.2d 499, held that there is no constitutional right to self-representation.