P. v. Webber CA4/1
An amended information was filed charging Sean Webber with driving under the influence of a drug. (Former Veh. Code, § 23152, subd. (e), now Veh. Code, § 23152, subd. (f).) The information also alleged three or more prior driving under the influence convictions within the prior 10 years (Veh. Code, § 23550, subd. (a)), two prison prior terms (Pen. Code, §§ 667.5, subd. (b), 668)), and a prior strike conviction. (Pen. Code, §§ 667, subd. (b)–(i), 1170.12, 668). The jury found Webber guilty as charged. The trial court found one prior offense was not a qualifying offense, and the case became a misdemeanor. The court denied Webber probation and sentenced him to time served.
Webber appeals. He contends he had a right to represent himself under Faretta v. California (1975) 422 U.S. 806 (Faretta), and the court erred in terminating his pro per status. We conclude the trial court did not err and affirm the judgment.
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