P. v. Mitchell
Appellant Paul Mitchell (Mitchell) was charged with multiple felony counts of sexual assault. After discharge of a series of retained or appointed counsel, he successfully sought to exercise his right of self-representation. Several months later, at the time of trial, his request for reappointment of counsel was denied, although he was provided advisory counsel during part of the trial. He was convicted by a jury of eight counts of sexual penetration by a foreign object (Pen. Code, 289, subd. (a)(1)),[1] three counts of forcible oral copulation ( 288a, subd. (c)(2)), and one count of forcible rape ( 261, subd. (a)(2)). Mitchell appeals, contending that the trial court violated his federal constitutional rights in that it: (1) abused its discretion by denying his request at the time of trial for the reappointment of counsel, and by refusing to further continue the trial; (2) erred in allowing advisory counsel to interfere with his control of the case; (3) improperly ordered him restrained and removed from the courtroom; (4) erred by failing to properly instruct the jury concerning his restraints; and (5) committed cumulative errors requiring reversal. Court find no prejudicial error and will affirm.
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