Is a defendant required to be advised of the maximum sentence before allowing him to represent himself?

California, United States of America


The following excerpt is from People v. Schmidt, A155789, A155911 (Cal. App. 2019):

Defendant asserts the trial court was required to advise him of the maximum sentence before allowing him to represent himself. In People v. Lopez (1977) 71 Cal.App.3d 568 (Lopez), the appellate court set forth suggested advisements and inquiries for courts to ensure the knowing and voluntary wavier of counsel. Lopez suggests the court provide the following three general categories of advisement: (1) ensuring the defendant's awareness of the dangers and disadvantages associated with self-representation; (2) inquiring into the defendant's intellectual capacity; and (3) informing the defendant that he or she cannot later claim inadequacy of representation. (Id. at pp. 572-574.)

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