P. v. Carr
The trial court granted defendant Robert Nathaniel Carrs motion for self-representation. (Faretta v. California (1975) 422 U.S. 806 (Faretta)). Thereafter, a jury found him guilty of conspiring to sell and distribute a controlled substance (Pen. Code, 182, subd. (a)(1)[1] -- count 1); transporting cocaine (Health & Saf. Code, 11352, subd. (a) -- count 2); and transporting cocaine base (id. -- count 3). The jury found not true an allegation defendant was armed with a firearm during the commission of count 1 within the meaning of section 12022, subdivision (a)(1). In a bifurcated proceeding, the jury found true allegations defendant had three prior convictions within the meaning of Health and Safety Code section 11370.2, subdivision (a). Defendant was sentenced to an aggregate term of 13 years in state prison, consisting of: four years (the middle term) on count 2; a concurrent four years (the middle term) on count 3; four years (the middle term) on count 1, stayed pursuant to section 654; plus three years for each of his three prior convictions. Defendant appeals. Defendant contends the trial court prejudicially erred in allowing him to represent himself and in striking his testimony after he refused to answer questions on cross-examination. He also claims that his conspiracy conviction is not supported by substantial evidence, his sentence on count 3 should have been stayed under section 654, and the jury instructions precluded the jury from considering the lack of evidence in determining whether he was guilty of the charged offenses beyond a reasonable doubt. Court shall conclude that none of defendants contentions has merit, and therefore, affirm the judgment.
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