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People v. Mayfield1/2/1997
in denying his motion for self-representation, first made after the jury had returned its penalty verdict.
In ruling on the motion, the trial court found that it was untimely because defendant had not made it a reasonable time before commencement of the guilt phase. Recognizing that an untimely motion for self-representation is addressed to a trial court's sound discretion, the trial court considered factors bearing on the proper exercise of its discretion and made these findings: (1) defendant's attorney had provided him with competent, high quality representation at the guilt and penalty phases; (2) defendant had not shown any prior proclivity to substitute counsel; and (3) granting the motion would delay further proceedings at least six months because defendant wanted and required the assistance of advisory counsel or cocounsel and an attorney appointed in either capacity would require at least that long to become familiar with the case and to assist defendant in preparing contemplated post-trial motions. The court denied the motion primarily because of the extensive delay that would result.
Although a defendant has a constitutional right of self-representation ( Faretta v. California (1975) 422 U.S. 806 [45 L. Ed. 2d 562, 95 S. Ct. 2525]), the right is absolute only if asserted a reasonable time before trial begins; self-representation motions made after this time are addressed to the trial court's sound discretion. ( People v. Windham (1977) 19 Cal. 3d 121, 127-129 [137 Cal. Rptr. 8, 560 P.2d 1187].) The timeliness requirement "serves to prevent a defendant from misusing the motion to delay unjustifiably the trial or to obstruct the orderly administration of Justice." ( People v. Horton (1995) 11 Cal. 4th 1068, 1110 [47 Cal. Rptr. 2d 516, 906 P.2d 478].)
Defendant argues that the trial court erred in ruling the motion untimely because a capital sentencing proceeding is a phase separate from the trial and because granting self-representation for sentencing does not inconvenience prospective or sworn jurors.
We have held that, for purposes of assessing the timeliness of a motion for self-representation, the guilt and penalty phases in a capital prosecution are not separate trials but parts of a single trial, and a motion made between the guilt and penalty phases is thus untimely and subject to the trial court's discretion. ( People v. Hardy (1992) 2 Cal. 4th 86, 194 [5 Cal. Rptr. 2d 796, 825 P.2d 781].) But we have not addressed the timeliness of a motion made after the penalty verdict. Even if we assume for the sake of argument that a postverdict self-representation motion may be timely if made a reasonable time before sentencing, we agree with the trial court that defendant's motion was untimely. In determining what constitutes a "reasonable time" before sentencing, a trial court must necessarily consider the delay that would be occasioned by granting the motion. Here, all parties agreed that the resulting delay would be at least six months, and very likely much longer. Even though a jury would not have been kept waiting during this period, a delay of this magnitude would compromise the orderly and expeditious administration of Justice. The motion was therefore untimely.
In ruling on defendant's untimely motion for self-representation, the trial court properly considered "the quality of counsel's representation of the defendant, the defendant's prior proclivity to substitute counsel, the reasons for the request, the length and stage of the proceedings, and the disruption or delay which might reasonably be expected to follow the granting of such a motion." ( People v. Windham, (supra) , 19 Cal. 3d 121, 128.) Because two of these factors--the quality of
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