What is a defendant's constitutional right to represent himself in a criminal case?

California, United States of America


The following excerpt is from People v. Whitmer, C073617 (Cal. App. 2014):

A defendant in a criminal case possesses two constitutional rights with respect to representation that are mutually exclusive. A defendant has the right to be represented by counsel at all critical stages of a criminal prosecution. (United States v. Wade (1967) 388 U.S. 218, 223-227 [18 L.Ed.2d 1149, 1155-1157].) At the same time, a defendant possesses the right to represent himself because the Sixth Amendment grants to the accused personally the right to present a defense. (Faretta v. California, supra, 422 U.S. at p. 819 [45 L.Ed.2d at p. 572].)

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