California, United States of America
The following excerpt is from People v. Bourland, 247 Cal.App.2d 76, 55 Cal.Rptr. 357 (Cal. App. 1966):
The following language from People v. Shroyer, supra, is pertinent: 'At the time of pronouncement of judgment his case was presented not only by his attorney on his behalf but also by himself personally; each of them presenting arguments in opposition to the recommendation that he be sentenced to prison; and the court listened to and considered both arguments. Under the circumstances, what more could have been done had he not been given the services of an attorney, or in what manner he was deprived of a fair hearing because of the appointment of counsel, not only does not appear from the record but cannot be imagined.' (203 Cal.App.2d 478 at p. 484, 21 Cal.Rptr. 460, 463.) In short, the defendant has not only had 'effective aid in the preparation and trial of the case,' but he has also been granted that to which he would not have been entitled had the court, as it might well have done, ordered the case to proceed unqualifiedly with the assigned counsel, namely, the right, albeit little exercised, to actively participate in the conduct of the case. No error appears.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.