Is a defendant's claim that he was advised by a superior court that he had a right to appointed counsel pursuant to section 987 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Crayton, 121 Cal.Rptr.2d 580, 28 Cal.4th 346, 48 P.3d 1136 (Cal. 2002):

Furthermore, contrary to defendant's claim, we believe that a trial court's error in failing to comply with section 987 clearly is susceptible to harmless error analysis. The complete record of the trial court proceedings often will shed light upon whether a defendant, despite the absence of an explicit readvisement by the superior court at arraignment, nonetheless was aware that he or she had the right to appointed counsel at the subsequent proceedings and whether an explicit advisement at the arraignment would have been likely to lead the defendant to reconsider the decision to represent himself or herself and request that counsel be appointed. (Accord, United States v. Vonn (2002) 535 U.S. 55, 74-75, 122 S.Ct. 1043, 1054-1055, 152 L.Ed.2d 90,109-110.)

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