When will a defendant who has exercised his right to counsel receive equal treatment?

California, United States of America


The following excerpt is from Scott v. Superior Court, 212 Cal.App.3d 505, 260 Cal.Rptr. 608 (Cal. App. 1989):

Nor are we persuaded that principles of equal protection require the result urged by petitioner. " 'The concept of equal protection of the laws compels recognition of the proposition that persons similarly situated with respect to the legitimate purpose of the law receive like treatment' [Citation.]" (People v. Hughes (1980) 112 Cal.App.3d 452, 458, 169 Cal.Rptr. 364.) As we have seen, petitioner misses the point that, factually, he is not similarly situated to a defendant who has exercised his right to counsel. Our highest court has cogently observed: "When an accused manages his own [212 Cal.App.3d 512] defense, he relinquishes, as a purely factual matter, many of the traditional benefits associated with the right to counsel." (Faretta v. California, supra, 422 U.S. at p. 835, 95 S.Ct. at p. 2541.)

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