P. v. Miller
A jury convicted defendant Eric Miller of first degree burglary in violation of Penal Code section 459.[1] The jury also found that the offense was committed while another person was present in the residence as described in section 667.5, subdivision (c). The trial court found that defendant had suffered three prior strike convictions pursuant to sections 1170.12, subdivisions (a) through (d), and 667, subdivisions (b) through (i), but struck two of the prior strike convictions. The court also found true the allegation that defendant had suffered two prior convictions pursuant to section 667, subdivision (a)(1). Defendant was sentenced to 18 years in state prison, consisting of the midterm of four years doubled pursuant to the “Three Strikes†law, plus 10 years for the two priors pursuant to section 667, subdivision (a)(1).
On appeal, defendant contends the trial court erred by summarily denying his request to represent himself. He argues the trial court was required by the Sixth Amendment to the United States Constitution and Faretta v. California (1975) 422 U.S. 806 (Faretta) to grant his request, made 10 days before voir dire began. Alternatively, he contends the trial court abused its discretion by failing to weigh all relevant factors before deciding whether to grant his request for self-representation. Because we conclude the Faretta request was untimely and the trial court did not abuse its discretion in denying the request, we affirm the judgment.
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