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People v. Owens
Citations: 66 Cal. App. 3d 720; 136 Cal. Rptr. 215; 1977 Cal. App. LEXIS 1168Docket: Crim. 28778
Court: California Court of Appeal; February 1, 1977; California; State Appellate Court
In the case of The People v. David Owens, the California Court of Appeals affirmed the revocation of Owens' probation, originally granted after a 1971 conviction for violating Health and Safety Code section 11501. Following a preliminary hearing on September 24, 1975, where probable cause for revocation was found, a formal hearing took place, culminating in a February 9, 1976, decision to revoke probation. Owens was subsequently sentenced to state prison on March 11, 1976. Owens contended that he was not adequately advised of his right against self-incrimination while representing himself at the revocation hearing. However, the court found this argument unmeritorious, noting the trial court had thoroughly assessed Owens’ understanding of his decision to waive counsel. Owens' reliance on People v. Kramer was deemed misplaced, as the circumstances differed; he did not testify at the hearing, which negated any implied suggestion to do so. Additionally, the court acknowledged that while self-representation might undermine a defendant's defense, a defendant's right to represent themselves must be respected, even if it potentially leads to adverse outcomes. The court declined to extend the Kramer precedent to cases where the defendant chooses not to testify, emphasizing the principle set forth in Faretta v. California regarding self-representation. Forcing a lawyer upon a defendant can lead to a belief that the law is against him. In certain cases, a defendant may present his case more effectively by representing himself. Personal liberties are not determined by averages; the right to defend is inherent to the individual. The defendant must have the freedom to decide whether counsel is beneficial, as he alone will face the consequences of a conviction. Even if self-representation may result in a tactical error, such as calling an accomplice, this choice must be respected due to the fundamental respect for individual rights in law. The defendant chose to represent himself despite the trial court's advice. Although he may have made a tactical mistake, he demonstrated substantial skill in conducting examinations. The judgment was affirmed, with concurrence from Judges Dunn and Jefferson. Additionally, while the testimony of an accomplice was mainly exculpatory, it introduced an out-of-court statement implicating the defendant in the alleged crime.