What is the test for denying a defendant's untimely request to represent himself at the time of sentencing?

California, United States of America


The following excerpt is from People v. Hayden, C074993 (Cal. App. 2014):

We find no abuse of discretion in the trial court's denial of defendant's untimely request to represent himself. (See People v. Doolin (2009) 45 Cal.4th 390, 454-455 [a defendant's motion to represent himself that came at the time of sentencing was "manifestly untimely"; People v. Ruiz (1983) 142 Cal.App.3d, 780, 792 [an untimely self-representation request is committed to the trial court's sound discretion].)

The trial court considered the appropriate factors when denying the motion, which included here, "the quality of counsel's representation"; " the reasons for the request"; "the length and stage of the proceedings"; and "the disruption or delay which might reasonably be expected to follow the granting of such a motion." (People v. Windham (1977) 19 Cal.3d 121, 127-128.) The court specifically found defense counsel was competent; the motion was "ma[de] . . . rashly out of disappointment for not getting [defendant's] [motion to substitute new counsel] granted"; and the motion was disruptive to the proceedings, because it was made on the day set for sentencing, although defendant

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