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People v. Allen

6/12/2002

ately admonished appellant regarding self-representation, and its further finding that appellant made a knowing and voluntary request to represent himself. (People v. Marshall, supra, 15 Cal.4th at pp. 22-24; cf. People v. McArthur (1992) 11 Cal.App.4th 619, 627.)


With respect to the issue of appointed advisory counsel, appellant did no more than acquiesce to the idea after the trial court explained that counsel in that capacity would take no part in the proceedings. When the trial court later determined that appointed counsel could not fill that role, appellant never at any time requested advisory counsel on any basis. In the absence of a request in a non-capital case there cannot be an abuse of discretion. (People v. Garcia (2000) 78 Cal.App.4th 1422, 1429.) There was no error.


DISPOSITION


The conviction and sentence for count 2 are stricken; the judgment otherwise is affirmed.


NOT FOR PUBLICATION.


We concur:


BOREN


NOTT






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