P. v. Behbahani
In a second trial, a jury convicted Mohammad Behbahani of the unlawful possession of an assault weapon (former Pen. Code, § 12280, subd. (b)). The imposition of sentence was suspended pending his successful completion of 18 months of formal probation.
On appeal, Behbahani contends the trial court erred by granting his motion under Faretta v. California (1975) 422 U.S. 806 (Faretta motion) to represent himself, without first conducting a hearing under People v. Marsden (1970) 2 Cal.3d 118 (Marsden motion) to determine why he was dissatisfied with his appointed counsel, and whether new counsel should be appointed, and by conditioning his right of self-representation on no continuance of trial. Further, he challenges a probation condition requiring the probation officer's approval of his choice of residence and employment as overbroad and unconstitutional. We agree with the latter point and modify the probation order to strike these particular conditions. In all other respects, we affirm the judgment.
FACTS
On October 8, 2009, Detective Jethro Hudgins of the San Diego Police Department, with a team of police officers and investigators, went to a residence in the Scripps Ranch area of San Diego to conduct a welfare check. Behbahani came out of the house, and after a brief discussion, he invited Hudgins and others into the house.
Detective Hudgins asked Behbahani if there were guns in the house. Behbahani said there were four guns present. Behbahani showed Detective Hudgins the guns, including a rifle in a zippered case, which Behbahani referred to as an AK-47, along with two loaded magazines. Behbahani produced a receipt for the rifle, which was actually a Norinco MAK-90, a semiautomatic rifle.
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