Trial court’s erroneous statements to defendant suggesting that one of the offenses with which he was charged was not a strike did not render his waiver of counsel invalid where the record as a whole demonstrated that defendant understood the disadvantages of self-representation. Case law holding waiver invalid where defendant was misadvised of the possible sentence did not apply where the misadvisement pertained to a collateral consequence and was stated by the court in the course of a nonresponsive remark to defendant’s question about another subject during a pretrial hearing. There was no evidence that defendant considered the collateral consequences of a conviction on that particular count for purposes of the Three-Strikes Law in exercising his right to self-representation. People v. Fox - filed March 5, 2014, Fourth District, Div. One Cite as 2014 S.O.S. D063169
Posted on: Thu, 06 Mar 2014 00:58:45 +0000