People v. Potter
Decision Date | 24 January 1978 |
Docket Number | Cr. 16315 |
Citation | 77 Cal.App.3d 45,143 Cal.Rptr. 379 |
Court | California Court of Appeals Court of Appeals |
Parties | The PEOPLE, Plaintiff and Respondent, v. William Gail POTTER, Defendant and Appellant. |
Paul N. Halvonik, State Public Defender, Clifton R. Jeffers, Chief Asst. Public Defender Michael G. Millman, Phyllis J. Hamilton, Deputy Public Defenders, San Francisco, for defendant and appellant.
Evelle J. Younger, Atty. Gen., Jack R. Winkler, Chief Asst. Atty. Gen., Edward P. O'Brien, Asst. Atty. Gen., William D. Stein, Clifford K. Thompson, Jr., Deputy Attys. Gen., San Francisco, for plaintiff and respondent.
William Gail Potter appeals from a judgment of imprisonment which was rendered after a jury found him guilty of forcible rape (Pen. Code, § 261).
Appellant was arrested shortly after he had, while intoxicated, broken into an apartment where he beat, raped and committed sodomy upon a mentally retarded and partially blind woman.
Appellant testified that a woman invited him into her room and "that's the last thing I remember 'til I was arrested."
Appellant contends, citing People v. Marsden (1970) 2 Cal.3d 118, 84 Cal.Rptr. 156, 465 P.2d 44, that the court should have inquired further before rejecting a request by appellant to discharge appointed counsel and have new counsel appointed. The incident complained of, which occurred at the beginning of the trial, is reflected in the following passage from the record:
The court further makes the finding that no evidence or prejudice has been presented that would be sufficient as to justify relieving counsel and appointing someone else.
We've had a misunderstanding upstairs and I feel I'm going to get railroaded, in anything.
Mr. Potter?
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Olson v. Superior Court (People)
...appointed counsel is, at best, tenuous. 8 (E.g., People v. Penrod (1980) 112 Cal.App.3d 738, 169 Cal.Rptr. 533; People v. Potter (1978) 77 Cal.App.3d 45, 143 Cal.Rptr. 379.) The indigent defendant frequently views appointed defense counsel with distrust and believes counsel is to be in leag......
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People v. Moore
...right to represent himself, the Hall court, at page 131, acknowledged being guided in part by "dictum" in People v. Potter (1978) 77 Cal.App.3d 45, 50, 143 Cal.Rptr. 379. In Potter, the court concluded that the defendant's pretrial request on the morning of the day set for trial was not une......
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Rose v. Superior Court, B134032.
...194 Cal. App.3d 337, 344, 239 Cal.Rptr. 413 [defendant's "buyer's remorse" is not grounds to set aside a plea]; People v. Potter (1978) 77 Cal.App.3d 45, 49, 143 Cal.Rptr. 379 [defendant accused his defense attorney of running for the office of district attorney].) "In determining whether a......
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Rose v. Superior Court
...194 Cal.App.3d 337, 344, 239 Cal.Rptr. 413 [defendant's "buyer's remorse" is not grounds to set aside a plea]; People v. Potter (1978) 77 Cal.App.3d 45, 49, 143 Cal.Rptr. 379 [defendant accused his defense attorney of "running" for the office of district attorney].) "In determining whether ......