P. v. Carter
Defendant and appellant Dwayne Coleman Carter was charged with 13 counts of various theft and conspiracy offenses, and was represented by appointed counsel, when he entered into a plea agreement in July 2012. (People v. West (1970) 3 Cal.3d 595.) In exchange for an indicated sentence of six years four months, Carter pleaded guilty to two counts of first degree residential burglary (counts 2 & 3), and to unlawfully taking or driving a vehicle with an enhancement for a prior conviction (count 4). (Pen. Code,[1] §§ 459/460 & 667.5(c)(21); 459; Veh. Code, § 10851, subd. (a); § 666.5, subd. (a).)
At the next two hearings, Carter's requests to withdraw his guilty plea, for a continuance to retain private counsel, or alternatively, to replace appointed counsel[2] or to allow him to represent himself at sentencing, were denied. (Faretta v. California (1975) 422 U.S. 806 (Faretta).) Carter was sentenced according to the plea bargain. He requested and received a certificate of probable cause from the trial court. (§ 1237.5.)
Comments on P. v. Carter