P. v. Curtis CA5
This appeal arises from the trial court’s denial of a motion to dismiss criminal charges as a sanction for governmental misconduct. Following an in-prison incident, defendant Tony Curtis was charged by amended information with assault with a deadly weapon by a prisoner and possession or manufacture of a weapon by a prisoner. The amended information further alleged defendant had four prior serious or violent felony convictions within the meaning of the Three Strikes law. Prior to the pretrial conference and preliminary hearing, the trial court granted defendant’s motion to represent himself pursuant to Faretta v. California (1975) 422 U.S. 806, 807 (Faretta). Defendant thereafter filed a motion to disqualify the Kings County District Attorney’s Office. Several weeks later, defendant filed a motion seeking the return of his legal property, which had been confiscated by prison officials.
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