People v. Espinoza
Annotate this CaseSeveral attorneys from the public defender’s office represented Espinoza in lengthy pretrial proceedings as he repeatedly moved for dismissal of counsel. In the week before trial, the court denied additional motions to dismiss counsel. The case went to trial. During jury selection, the court granted Espinoza’s “Faretta” motion, denied his motion for a one-day continuance, and dismissed the public defender. Espinoza proceeded with the trial in pro per, but on the second day of the evidentiary phase, failed to appear. After trying unsuccessfully to locate Espinoza, the court proceeded in his absence without appointing defense counsel. The jury found Espinoza guilty of possession of a firearm by a felon; possession of morphine; possession of marijuana; possession of ammunition by a felon; and possession of diazepam without a prescription, but acquitted him on charges of making criminal threats and attempting to dissuade a witness by use or threat of force. The court of appeal reversed. The court erred by proceeding with trial in the absence of Espinoza and defense counsel because Espinoza did not knowingly waive several fundamental trial rights. The error was structural, requiring automatic reversal. The court erred also erred in denying a continuance after granting the Faretta motion.
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